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CALLIES Motor Action Sports Club’s urgent application, filed at the High Court seeking to interdict Harare City Council from repossessing two stands it was leasing in Eastlea, was struck off the roll yesterday.
The latest court setback could leave those running the club at the mercy of the Council in what is increasingly becoming a messy battle for control of the club.
It was taken over by the late businessman, Eric Rosen, who ran it with his widow Liz.
High Court judge, Justice Neville Wamambo, ruled that the matter was not urgent.
The two disputed stands are numbers 5998 and 5999 Chapman Road, Eastlea.
This was the second time that the High Court has struck the matter off the roll.
According to papers in court, between February and August last year, Motor Action Sports Club requested Harare City Council to renew its lease agreement, which had expired in July 2021.
On September 26, the Council served the sports club with an eviction letter, which it responded to.
The Council then issued eviction summons when Motor Action did not vacate the premises.
On October 20, Council employees entered the Motor Action Sports Club, without permission of those running the club, and the club filed an urgent chamber application, which was struck off the roll.
Motor Action Sports Club’s recent application came after Council employees and Harare City FC officials broke the padlock to gain entry on February 1.
Motor Action also accused the Council of barring its employees from entering the premises and breaking down the toilet door.
Justice Wamambo said Motor Action left out important details about what transpired when the football team and Council employees entered the stands.
The judge also said after the sports club’s application was struck off the roll previously, it used the February incident to create a new and separate cause of action.
Online Reporter