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Harare High Court
Church of the Province of Central Africa & Ors v Dr. Nolbert Kunonga & Ors
HH 217-2011
Case Details
Court
Harare High Court
Date
12 October 2011
Citation
HH 217-2011
Neutral Citation
[2011] ZWHH 217
Outcome
unknown
Case Type
Application
Bench
Presiding
BHUNU J
Full Bench
BHUNU J
Areas of Law
Property lawEcclesiastical lawSpoliationLabour law
Keywords
Church propertyDiocesan trusteesEvictionSpoliationStatus quo anteDirty hands doctrine
Tags
Church propertyEcclesiastical disputeEvictionSpoliation
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether HLATSHWAYO J's order extends to church properties in dioceses outside Harare","issue_type":"mixed","dispositive":"yes","related_facts":"Properties are located in Masvingo and Central Zimbabwe dioceses; original order was for Harare Diocese"}
- {"issue_text":"Whether parties who defy court orders can be granted relief","issue_type":"procedural","dispositive":"yes","related_facts":"Both parties have defied various court orders"}
- {"issue_text":"Whether evictions of employees without due process constitute spoliation","issue_type":"law","dispositive":"yes","related_facts":"Employees were evicted from their workstations without hearing"}
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background
Facts of the Case
Background
The Church of the Province of Central Africa and diocesan trustees sought to interdict Dr. Kunonga and others from evicting parishioners and employees from church properties in dioceses outside Harare, following a previous order by HLATSHWAYO J that had declared Kunonga's faction as legitimate diocesan trustees for Harare Diocese.
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