High Court orders Matindi to pay damages to Maranatha Academy for causing distress
The High Court in Blantyre has dismissed Matindi Private Academy Limited claims after it dragged Maranatha Boys Academy to court claiming it owed them rentals.
In his determination, the presiding judge of the case, Justice Masauko Msungama has thrown out the claimants, Matindi Private Schools’ claims with costs for lack of tangible and admissible evidence and, therefore, ordered that they pay Maranatha Boys Academy damages and legal expenses.
Matindi Private Academy, through its owner, Elvis Nserebo took Maranatha Boys Academy to the High Court in Blantyre, claiming it failed to pay rentals for their premises at Matindi along the Blantyre-Lilongwe M1 Road.
However, Matindi failed to produce evidence of its claims after Maranatha Boys Academy made a counterclaim on the matter forcing the High Court, Commercial Division to punish Matindi.
In a court judgment, commercial case number 285 of 2021, dated September 28th 2021 ordered that Matindi Private School owner, Nserebo has to pay for damages to Maranatha Boys Academy for among other things, causing distress to the defendants.
“No defence having been filed by the claimant to the defendant’s counterclaim within the prescribed period,” reads the judgment in part.
The court determined that Matindi Private School has to pay Maranatha Boys Academy for loss of business, trespass, breach of lease agreement, inconvenience, loss of goodwill, embarrassment.
“Replacement value of the chattels the claimant wrongfully caused to be distrained herein to be assessed.
In an interview with Nyasa Times on Wednesday Maranatha Academy director Ernest Kaonga expressed contentment saying the wheels of justice is fast catching up with those who thought country hide.
“I am happy the truth is slowly but surely coming to the fore. The distress caused in this matter is enormous especially to the innocent school children who were made victims of circumstances.
“Children were victimised and distressed as they were rendered destitute after being forcefully and wrongfully being ejected from the premises. I am happy justice has happened. I have said from the start that we are innocent of any wrongdoing as we paid everything that needed to be paid.
Some few months ago, parents of children from Maranatha Boys Academy collectively went to 
court and obtaining an injunction against Nserebo, Matindi Private Schools and his agents from visiting or doing any transactions at the premises.
Nserebo leased the premises to Maranatha Academy Academy in 2018 for 10 years to which the latter paid K240 million in rentals but earlier this this year the defunct Matindi Private Schools owner , Nserebo was reported on several occasions tried to sell the premises.
A few weeks ago, Police in Blantyre gave Matindi Private Schools crooked owner, Elvis Nserebo up to September 19, 2021 to refund K15 million, which he and a self-anointed prophet, Andrew Kambeja swindled former Speaker of Parliament and an erstwhile cabinet minister in the deposed DPP government, Esther Mcheka-Chilenje.
The former Parliamentarian, Mcheka Chilenje under the pretext that she will take over Matindi School premises currently leased by Maranatha Academy for 10 years since 2018 until 2028.
Earlier on, Nserebo and his accomplice, Kambeja was given until last Friday as deadline but after failure he has been given grace period to sort things out by September 19.
Mcheka, showed interest to purchase the Matindi campus, through Andrew Kambeja, a prophet of Christ Union Revival International ministries and Nserebo.
She, however, was duped a cool K15 million, which she borrowed from loan sharks at a high interest rate, as part payment for the deal.
However, after realising that Matindi campus was leased to Maranatha Academy Boys for 10 years, Mcheka questioned Nserebo and Kambeja to refund her money but the two.
In an audio which went viral on social media, Mcheka asked for her money accusing the self-appointed prophet of stealing.
Earlier, Nserebo offered the place to Blantyre Synod, who upon realising as well that it was leased they bowed out before approaching Mcheka to buy the campus.
An earlier court court order even warns Matindi against continuing with the decision.
“If you or any of your servants or agents howsoever disobey or neglect to obey this order, you shall be liable to process of execution to compel your obedience,” reads the court order in part.
Despite all the wrangles and drama going on at the premises, Maranatha Academy scored highly in the just announced MSCE exams, sending a total of 172 students, who scored with flying grades, to public universities in the country.
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