SPAR's reinstatement bid flops

HARARE - Innscor Africa Limited’s bid to be reinstated on its Arundel Spar supermarket premises has hit a brickwall after a High Court judge dismissed its urgent chamber application.

The manufacturing and retail conglomerate was thrown out of the premises on allegations of failing to abide by terms of the lease agreement. Spar Harare (Private) Limited (Spar), which were the applicants in the application against Ximex Management Services (Private) Limited (Ximex) had its hopes of reoccupying the premises dashed, following High Court judge Lavender Makoni’s ruling.

“The application has not established a basis for the matter to be heard on an urgent basis, in any event, the applicant had alternative remedies of suing the respondent for damages,” Makoni said.

The application was made following magistrate Reuben Mukavhi’s ruling in June this year, ejecting the supermarket from Arundel Village in Mount Pleasant, Harare.

Spar’s lease agreement, according to court papers, was cancelled after it failed to pay rentals for the month of March and April 2011.

“I have looked at the path that this case traversed since July 21, 2011. The (then) defendant (Spar) was clearly without a defence, and so its opposition to the claim was merely aimed at delaying the inevitable,” said Mukavhi, before passing an eviction order against Spar.

Spar appealed against the ruling.

After filing an appeal, Spar went on to make an urgent chamber court application, seeking to be reinstated on the premises.

“The applicant (Spar) seeks temporary relief pending the determination of the appeal. The applicant stands to suffer irreparable prejudice if such relief is not granted on an urgent basis,” Spar said in the application.

Spar said the ejection was carried out without the minimum notice required of 48 hours, having been given.

The firm also said that during the ejection of stock worth $146 000 was destroyed.

John Koumides, Spar’s director, told the court that the supermarket’s ejection from the premises was detrimental.

However, John Travlos, Ximex managing director, in his opposing affidavit, said that a handover-takeover was properly done for the premises that are now being used by TM supermarket.

“This is the third abortive ex-parte urgent application made by applicant in two months. It is not competent to now approach this honourable court for the same relief,” Travlos said.

Travlos, whose company was represented by Jonathan Samukange from Venturas and Samukange law firm, said he had no knowledge of any damages incurred as had been alleged by Spar.

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