The High Court has removed from its roll a legal challenge filed by three bar operators against Rufaro Marketing (Pvt) Ltd, a company owned by Harare City Council. The ruling favours Rufaro Marketing in an ongoing dispute over lease agreements and the right to collect rent from subtenants.
The applicants—Ilack Moyo, John Musara, and Tendayi Mhembere—had approached the court seeking a declaratory order to prevent Rufaro Marketing from directly collecting rent from subtenants at three bars: Zororo II in Dzivarasekwa, Mabvuku Bar, and Willowvale Bar in Highfield.
However, Justice Maxwell Takuva ruled that the matter could not proceed in the High Court while related proceedings were already underway in the Magistrates’ Court.
“This court cannot interfere with matters currently before the Magistrates’ Court to avoid the risk of issuing conflicting judgments,” Justice Takuva stated. “The decision from the lower court will guide the next steps for all parties involved.”
The three bar operators had accused Rufaro Marketing’s current management of bypassing existing agreements by redirecting rent payments from subtenants—arrangements they claimed were made with the company’s former CEO. They argued that the changes had made it difficult for them to meet their own rental obligations.
Justice Takuva, however, found their argument flawed, noting that after voluntarily withdrawing an earlier application to the High Court, the applicants had no grounds to prevent the respondent from pursuing its own legal course.
“A party that withdraws its matter cannot block others from continuing with their own legal applications,” he ruled.
The case was dismissed and struck off the roll, with the applicants ordered to cover the legal costs.
As a result, the matter remains active in the Magistrates’ Court, where Rufaro Marketing currently maintains the authority to collect rent directly from subtenants.
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