The High Court has struck off the roll a case brought by three bar operators against Rufaro Marketing (Pvt) Ltd, a Harare City Council-owned company, in a ruling that gives the municipal entity the upper hand in an ongoing battle over leases and sub-tenancy rights.

The applicants, Ilack Moyo, John Musara and Tendayi Mhembere had sought a declaratory order blocking Rufaro Marketing from collecting rentals directly from their subtenants at Zororo II Bar in Dzivarasekwa, Mabvuku Bar and Willowvale Bar in Highfield.

Justice Maxwell Takuva ruled that the dispute could not be entertained while related proceedings were already pending before the Magistrates' Court.

"This court cannot intervene in the proceedings in the Magistrates Court lest it risks the possibility of conflicting judgments," Takuva said.

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"Whatever decision that the Magistrate reaches will be able to guide the parties as to how to proceed from there onwards."

The bar operators accused Rufaro Marketing's new management of unlawfully diverting rental payments from their subtenants, undermining agreements they had entered into with the company's previous chief executive officer.

They argued that this move crippled their ability to meet rental obligations.

However, Takuva found the tenants' case "misdirected," stressing that once they had withdrawn a previous High Court application, they could not stop the respondent from pursuing its own legal remedies.

"When a party decides to withdraw its matter, it cannot therefore stay the other parties from proceeding to pursue their own application to court," the judge ruled.

Striking the matter off the roll, the court ordered the applicants to pay costs.

With the case now resting in the Magistrates' Court, Rufaro Marketing retains control of rental collections.