adminlight to operate the disputed Cold Comfort private school.
The case was closed following a notice of withdrawal filed by RPI’s lawyers, Muza and Nyapadi, at the Supreme Court, last week.
This resulted in the appeal hearing that had been set for Tuesday being removed from the court roll.
“Take notice that the appellants hereby withdraw their case against the defendants,” the letter read without giving finer details why the appellants have decided against appealing.
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Herentals College obtained an interim order from the High Court to continue operating at the Cold Comfort Primary School premises without interference from RPI until finalisation of the property dispute.
However, RPI immediately filed a notice of appeal at the Supreme Court challenging the higher court’s decision to bar it and the Cold Comfort School authorities from interfering with Herentals.
In terms of the High Court order the school that is run by RPI was barred from registering or receiving levies and fees from children. RPI, in its notice of appeal, had insisted that they were the legitimate owners of the property.
RPI argued that the lower court erred in finding no distinction between the land and the business carried out at the school.
The parties’ dispute started sometime in April when Herentals moved in to the school premises taking over from Cold Comfort School.
A dispute arose with physical fighting that drew the attention of the police who made some arrests. The parties fought for weeks resulting in two title deeds being produced over the same piece of land.
Herentals claims to have bought the school buildings from Unitime Investments for US$360 000 adding that it had so far paid US$100 000. At the same time, RPI counter-claimed that it was the legitimate school owner and that it was never sold to anyone.
Online Reporter