THE High Court has ordered the eviction of Harare’s privately-owned St Anne’s Hospital from its rented building owned by with the Catholic institute, Little Company of Mary (LCM), and dismissed the health institution’s urgent chamber application seeking to stay the execution order.
BY STAFF REPORTER
The order was granted on December 23, 2015 by High Court judge Justice Tawanda Chitapi, who ruled that the elite private hospital had no right to continue operating from LCM’s building following termination of its lease agreement in 2014.
But St Anne’s Hospital owners filed an Urgent Chamber application which temporarily stayed the execution of the court order.
The building is located at stand number 215, Avondale Township, Harare.
On Monday this week, LCM lawyers Hove and Associates, wrote to the Zimbabwe Medical Association advising them of the latest developments.
Part of the letter read: “We can now confirm that the urgent chamber application filed by St Anne’s Hospital Limited which temporarily stayed the execution of the court order was dismissed. Accordingly, we have instructed the Sheriff of Zimbabwe to execute the order and evict St Anne’s Hospital Limited and all those claiming occupation through them from the premises.
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“We have noted that some of your members are still admitting patients to the hospital even though they are aware of the recent development. We would urge them to stop doing so and to consider that it is better that patients vacate the premises voluntarily rather than be evicted by the Sheriff. As soon as we have the exact date of the eviction, we will advise you.”
The court also ordered the hospital to pay holding over damages at the rate of $45 000 per month from February 26, 2014 being the date of cancellation of the lease agreement to the date that the health institution vacates the premises.
