Assa Chimeri & 11 Ors v Deputy Sheriff N.O. & 5 Ors

HB 123/19

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Case Details

Court

Bulawayo High Court

Date

19 September 2019

Citation

HB 123/19

Neutral Citation

[2019] ZWHB 123

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Mabhikwa J

Full Bench

Mabhikwa J

Areas of Law

Property lawInterdictChurch law

Keywords

Church propertyEvictionUrgencyInterdictSupreme Court judgment

Key Issues

{"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Eviction notices served 24 June, application filed 29 June at midnight"}
{"issue_text":"Whether applicants have locus standi to bring this application","issue_type":"procedural","dispositive":"no","related_facts":"Applicants claim membership but defied church authority"}
{"issue_text":"Whether applicants have shown a prima facie right to church property","issue_type":"mixed","dispositive":"no","related_facts":"Applicants occupy properties, Supreme Court judgment exists"}
{"issue_text":"Whether this court can review or vary Supreme Court judgment SC-49-18","issue_type":"procedural","dispositive":"no","related_facts":"Applicants seek to circumvent Supreme Court order"}

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background

Facts of the Case

Background

Applicants, claiming to be members of the 3rd respondent church, sought an urgent interdict to stop their eviction from various church properties. They claimed eviction violated their constitutional rights to worship and assembly. The church opposed, arguing the applicants were aligned with a suspended former overseer and that ownership and control issues had been finally determined by Supreme Court judgment SC-49-18.

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