SUPREME Court judge Justice Hlekani Mwayera has struck off the roll an appeal by the Redeemed House of God Church for a spoliation order against National Railways of Zimbabwe (NRZ).
The High Court had confirmed the church’s eviction from the premises it was renting from the NRZ.
The judge struck off the matter because of lack of progress in following the appeal application papers.
She, however, did not make an order for costs.
Ojei Ventures (Pvt) Limited and Redeemed House of God Church cited NRZ as respondents in their application.
The church alleged that it had been forcibly evicted from the premises in Harare which it had been leasing from the NRZ since 2003.
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NRZ has maintained that the lease was not renewed due to rental arrears.
The NRZ claimed the church accumulated more than US$200 000 in rental arrears and it was given a three-month notice to vacate the premises.
When the three months lapsed, the tenant filed for spoliation at the High Court, but lost.
This is the third time the appeal has been struck off the roll for not complying with court rules after the church failed to lodge security fees for costs as required by Supreme Court rules.
The church alleged it developed the property to the tune of US$1 650 000 or its equivalent in local currency.
However, the church has filed a new application and it will be heard on Friday by the Supreme Court.