The plaintiff issued summons against the defendant claiming payment of the sum of USD42 284.00 and ZAR 40 000.00 which is the total of outstanding school fees benefits and performance bonuses for the years 2011 and 2012, interest on the sums at the rate of 5% per annum from date of summons to date of full payment, a 2008 Volvo S80 or the equivalent value of the car and costs of suit on a legal practitioner and client scale.
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The Plaintiffs issued summons on 18 May 2020 against the Defendant seeking an order:
1) Declaring that the Defendant is no longer the Archbishop of the first Plaintiff.
2) For the eviction of the Defendant and all those claiming occupation through him from The Acts of the Resurrection of Apostolic Faith in Zimbabwe (Kumuka Kweva Apostora Church), Shinje Business Centre, Guruve.
3) Interdicting the Defendant from using the Archbishop’s Regalia, the church vessels and utensils used for Passover (Holy Communion) and taking with him church assets and property such as chairs, roofing iron and asbestos sheets, water tanks, water pumps,...
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The cause of action in casu is one of unjust enrichment and arises from the following facts: The defendant, who is an importer of goods for sale in Zimbabwe, depends on authorised dealers for the requisite foreign currency in his business. On 21 March 2001 the defendant instructed the plaintiff, an authorised dealer, to effect payment of ZAR372 062-80 to its supplier, namely Kimberley Clark of South Africa (Pty) Limited (Kimberley). The plaintiff, through a telegraphic transfer, effected the said payment on 4 April 2001.
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The applicant was born in Dominica in the West Indies in 1950.
He studied medicine in the United Kingdom ending up specialising as a physician.
During that time he met and fell in love with a Zimbabwean woman who was studying
nursing and midwifery at the same hospital he was attached to. The two married and
eventually established a home in Zimbabwe in 1982. In Zimbabwe, the applicant
obtained a permanent residence permit and has lived and practiced his profession in this
country since 1982. He applied for citizenship, which was not granted
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