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Harare High Court

Apostolic Faith Mission in Zimbabwe v Cossam Chiangwa

HH 21-22

Case Details

Court
Harare High Court
Date
13 January 2022
Citation
HH 21-22
Neutral Citation
[2022] ZWHH 21
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
TSANGA J
Full Bench
TSANGA J
Areas of Law
Property lawCivil procedureConstitutional law
Keywords
Spoliation orderExecution pending appealChurch leadership disputeConstitutional referralHierarchy of courts
Tags
SpoliationChurch propertyExecution pending appealConstitutional referral
legislation
Statutes Cited
  • Constitution of Zimbabwe 2013
  • Constitution of Zimbabwe 2013
  • Constitution of Zimbabwe 2013
  • Constitution of Zimbabwe 2013
  • Constitution of Zimbabwe 2013
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether High Court can order execution pending appeal without violating constitutional provisions on court hierarchy","issue_type":"constitutional","dispositive":"no","related_facts":"Appeal pending in Supreme Court, High Court judgment granted"}
  • {"issue_text":"Whether common law jurisdiction to order execution pending appeal violates judicial impartiality requirements","issue_type":"constitutional","dispositive":"no","related_facts":"Single judge determining prospects of appeal to be heard by three Supreme Court judges"}
  • {"issue_text":"Whether appeal was lodged bona fide or merely to buy time","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent left and returned, no alternative proceedings pending"}
  • {"issue_text":"Whether applicant would suffer irreparable harm without execution","issue_type":"factual","dispositive":"yes","related_facts":"Applicant unable to conduct church services, no alternative venue"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant church obtained a spoliation order against the respondent on 10 November 2021. The respondent appealed to the Supreme Court and sought referral of constitutional issues regarding the High Court's power to order execution pending appeal. The applicant sought execution pending appeal, arguing the appeal was merely to buy time.
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