The applicant is the Church Of The Province Of Central Africa and is responsible for the affairs of the Anglican Church in Central Africa. The first respondent is its Bishop for Manicaland with whom it has pending cases before the courts for the determination of whether or not he is still its Bishop. The first respondent leads a faction of the Anglican Church in Manicaland. The second respondent is an Estate Agent operating in Mutare. It was in August 2009, given a mandate by the first respondent’s faction to sale two pieces of land belonging to the Anglican church. The... More
The above two cases were consolidated by consent of the parties because they are interwoven and related such that the relief sought is substantially the same. The parties are engaged in protracted litigation over ownership, detention, custody and control of church properties located in three dioceses. They have taken each other to Court on numerous occasions without finality to their dispute. More
This is an exception with an exception. It is but a skirmish in the battle of suits, applications and counter applications that the two factions of the “Anglicans” have brought against each other before this court, a spate of litigation that is now assuming nuisance value. The appication was partly argued before me and prior to the resumed hearing, it was withdrawn without a tender of costs. The issue of costs was then raised for my determination. More
The first applicant is the Church Of The Province Of Central Africa, commonly known as the Anglican Church. The second applicant is the first applicant’s Board of trustees charged with the responsibility of looking after diocesan property in its Manicaland Diocese. The third applicant is the first applicant’s warden at All Saints Zimunya Church. More
This matter came before me on a certificate of urgency on 28 April 2008. After hearing submissions from counsel I granted a provisional order in the following terms:
"1. Pending determination of this matter, the applicant is granted the following relief;
a) The applicant is hereby granted leave to enforce and execute the provisional order granted by this Honorable Court in case number HC 345/08 as clarified in case number HC 402/08.
b) The first, second, third, and fourth respondents be and are hereby interdicted and restrained from interfering with the applicants church services at church premises held in accordance... More
