Court dismisses bar operators' case against Rufaro Marketing

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But Justice Takuva said the tenants' case was "misdirected," stressing that once they had withdrawn a previous High Court application, they could not prevent the respondent from pursuing its own remedies.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.