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Harare High Court

Apostolic Faith Mission in Zimbabwe v Apostolic Faith Mission of Zimbabwe and Solomon Togara and Paul Hweru and Farai Manyanye

HH 168-23

Case Details

Court
Harare High Court
Date
20 October 2022
Citation
HH 168-23
Neutral Citation
[2023] ZWHH 168
Outcome
unknown
Case Type
Application

Bench

Presiding
Deme J
Full Bench
Deme J
Areas of Law
Property LawInterdict
Keywords
InterdictChurch propertyLease agreementSpoliationReligious schism
Tags
Property disputeReligious organizationInterdict
legislation
Statutes Cited
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant is entitled to an interdict against the respondents","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's lease agreement, respondents' parallel activities, spoliation order"}
  • {"issue_text":"Whether the respondents have superior rights to the property despite the applicant's lease agreement","issue_type":"law","dispositive":"no","related_facts":"Lease agreement, spoliation order, peace order"}
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background
Facts of the Case

Background

The applicant, a religious organization that has operated for 100 years, sought an interdict against respondents who broke away to form a separate church. The respondents were occupying church property leased by the applicant from Harare Municipality, conducting parallel church activities and forcing applicant's members to worship in a shade while they used the main church building.
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