THE Supreme Court has struck off the roll an appeal by a Harare church against a High Court ruling which threw out its application for a spoliation order against the National Railways of Zimbabwe (NRZ) after it was evicted from the parastatal’s premises.
On Wednesday last week Supreme Court judge Justice Mwayera struck the matter off the roll with the consent of the parties to the dispute.
She did not make an order for costs.
Ojei Ventures (Private) Limited and Redeemed House of God Church recently took the NRZ to the Supreme Court after a High Court judge dismissed their application for a spoliation order in a long-drawn eviction dispute.
The church argued that it had been forcibly evicted from the premises in Harare after having leased the place since 2003.
However, NRZ maintained that the applicants’ lease was not renewed due to rental arrears, adding that the church was given a three-month notice to vacate the premises in August last year.
The tenants reportedly owed the NRZ more than US$200 000 in rental arrears.
When the three months elapsed, the tenants filed for spoliation at the High Court and lost the case. The latest development was the second time the appeal has been struck off the roll for not complying with Supreme Court rules.
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The matter was previously struck off after the appellants failed to lodge security fees for costs as required by Supreme Court rules.
