The
High Court has struck off the roll a case brought by three Harare bar
operators against Rufaro Marketing (Pvt) Ltd, a company owned by the
Harare City Council, in a ruling that strengthens the municipal entity’s
hand in an ongoing dispute over leases and sub-tenancy rights.
The
applicants – Ilack Moyo, John Musara and Tendayi Mhembere – had sought a
declaratory order preventing Rufaro Marketing from collecting rentals
directly from their subtenants at Zororo II Bar in Dzivarasekwa, Mabvuku
Bar and Willowvale Bar in Highfield.
However, Justice Maxwell
Takuva ruled that the matter could not be heard while related
proceedings were still before the Magistrates’ Court.
“This court
cannot intervene in the proceedings in the Magistrates’ Court lest it
risks the possibility of conflicting judgments. Whatever decision that
the Magistrate reaches will be able to guide the parties as to how to
proceed from there onwards,” he said.
The bar operators had
accused Rufaro Marketing’s new management of unlawfully diverting rental
payments from their subtenants, arguing that the move undermined
agreements struck with the company’s former chief executive and crippled
their ability to meet lease obligations.
But Justice Takuva said
the tenants’ case was “misdirected,” stressing that once they had
withdrawn a previous High Court application, they could not prevent the
respondent from pursuing its own remedies.
“When a party decides
to withdraw its matter, it cannot therefore stay the other parties from
proceeding to pursue their own application to court,” he ruled.
The
court struck the matter off the roll with costs, effectively leaving
Rufaro Marketing in control of rental collections as the dispute
continues in the Magistrates’ Court.
