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Harare High Court

Church of the Province of Central Africa v Dr Nolbert Kunonga & 3 Ors

HH 197-2011

Case Details

Court
Harare High Court
Date
12 August 2011
Citation
HH 197-2011
Neutral Citation
[2011] ZWHH 197
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Guvava J
Full Bench
Guvava J
Areas of Law
Property LawInterdictsEcclesiastical Law
Keywords
Anglican ChurchChurch premisesProvisional orderAppeal suspension
Tags
Ecclesiastical disputeChurch propertyInterdict
legislation
Statutes Cited
  • None (the dispute turned on common-law principles of practice; no statute was interpreted or applied).
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the application for leave to execute pending appeal should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Appeals noted to Supreme Court, respondents claiming suspension of orders"}
  • {"issue_text":"Whether the matter remained urgent despite appeals being noted","issue_type":"procedural","dispositive":"no","related_facts":"Appeals noted, heads of argument filed"}
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background
Facts of the Case

Background

The applicant church sought to enforce earlier court orders allowing shared use of church premises with respondents who had withdrawn from the Church of the Province of Central Africa. The respondents opposed enforcement claiming appeals to Supreme Court suspended the orders.
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