Court Orders Avenues Clinic to Reinstate Baines Im...

Court Orders Avenues Clinic to Reinstate Baines Imaging Group After Forcible Closure

Zim Now Reporter

The High Court has ordered The Avenues Clinic (Medical Investments Ltd) to reinstate Baines Imaging Group in its radiology department, after ruling that the hospital unlawfully shut down the unit and evicted staff last week.

The court granted a spoliation order, a legal remedy that restores a party’s possession when they have been unlawfully dispossessed, compelling the hospital to allow BIG back into the Diagnostic Imaging Department, CT Scan Suite and 3T MRI Suite.

The decision follows a dramatic incident on the Defence Forces holiday in which BIG staff, who have run radiology services at the clinic for more than 25 years, were forcibly ejected. The closure immediately disrupted access to critical diagnostic services for patients, raising fears of a health crisis.

In its urgent application, BIG argued that the hospital acted illegally by attempting to enforce a disputed arbitration award without the sanction of the courts. The High Court agreed, ordering Medical Investments Ltd and its representatives to restore BIG’s “peaceful possession” of the facilities.

The ruling allows the imaging group to resume operations with immediate effect.

BIG welcomed the judgment, accusing the hospital of “illegal and dangerous” conduct that put patients’ lives at risk.

Tensions between the parties reportedly escalated after a new shareholder joined Medical Investments Ltd in 2023. BIG alleges the investor sought to take over the radiology business, despite its existing lease agreement running until 2031.