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Primary School premises without interference from Release Power Investments until finalisation of the property dispute.
However, the relief appeared to be shortlived as Release Power’s lawyers immediately filed a notice of appeal at the Supreme Court challenging Justice Francis Bere’s decision.
Advocate Thabani Mpofu, who was instructed by Muza and Nyapadi law firm, yesterday said the appeal automatically suspended the High Court order.
“At law an appeal at a superior court automatically suspends the operation of an order.
“The effect of the appeal that we filed is that Cold Comfort School will continue its operations independent of Herentals College,” said Adv Mpofu.
Justice Bere who determined the urgent application in his chambers barred Release Power and the Cold Comfort School authorities from interfering with Herentals.
Cold Comfort School that is run by Release Power Investments, was barred from registering or receiving levies and fees from children.
In a notice of appeal filed yesterday at the Supreme Court, Release Power maintained that they were the legitimate owners of the property and that the court erred in finding no distinction between the land and the business carried out at the school.
Release Power who claim to be the owners of the property said even if Herentals had bought the land, it could not take over the business operations there.
“The court aquo erred in essentially coming to the conclusion that there is no difference at law between a building and the business carried out therein.
“It (the court) so erred in granting respondent rights to the separate business conducted in an immovable property which property it claimed to have bought notwithstanding that there is no reference in the written agreement,” read the grounds of appeal.
It was also stated that the court erred in granting an order to Herentals that did not have title deeds against Release Power that holds a title deed, which was not set aside by a court of law.
The granting of an interim order with costs is also being contested by Release Power in the Supreme Court.
According to the notice of appeal, the dismissal of points taken by Release Power in limine was done before Release Power was afforded a chance to reply.
The dispute has dragged for two weeks with the parties fighting over property ownership.
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, Release Power Investments that operates Cold Comfort Primary School counter-claims that it was the legitimate school owner and that it was never sold to anyone.