The applicant Apostolic Faith Mission in Zimbabwe a church congregation pleading through a founding affidavit deposed to by one Amon Dubie Madawo who styled himself as the applicant’s elected president and also stated that the applicant is a common law universitas with power to sue and to be sued. The deponent president further deposed that the applicant was constituted in terms of a written constitution and regulations which inscribed its foundational values, confession of faith mission and governance structures. The applicant did not attach a copy of its written constitution and regulations and did not do so in the answering...
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On 20 October 2022, I delivered the ex tempore judgment for interdict against the respondents. Essentially, the terms of the order are as prayed for in the Draft Order with the exception of two amendments effected to the relief sought. The first amendment was with respect to costs which I awarded against the respondents on an ordinary scale. The second amendment was to the effect that any attempt to access or use the property in question by the second to the fourth respondents must be with the consent of the applicant. The second to the fourth respondents subsequently requested for...
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This is a court application for eviction of the respondent and all those claiming occupation through him from applicant’s premises being described as Chizinga Assembly, Chizinga Shopping Centre, Mhondoro which premises the respondent is in unlawful occupation and possession.
Historically and at all material times, applicant was the owner and remains the owner of a mission house and church building at Chizinga Assembly, Chizinga Shopping Centre, Mhondoro. Sometime in 2018 the church faced a leadership dispute which resulted in a legal battle between two factions. During this period the church witnessed a split which saw most of the Pastors either...
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