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Harare High Court
Church of the Province of Central Africa v Mr Elson M Jakazi & 2 Ors
HH 70-10
Case Details
Court
Harare High Court
Date
16 April 2010
Citation
HH 70-10
Neutral Citation
[2010] ZWHH 70
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Uchena J
Full Bench
Uchena J
Areas of Law
Property lawCivil procedure
Keywords
Church assetsSale of propertyUrgencyHearsay evidenceInterdict
Tags
Church propertyInterdictUrgent application
legislation
Statutes Cited
- Civil Evidence Act
- Civil Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Inquiry received 18 March 2010, application filed 26 March 2010, mandate given August 2009"}
- {"issue_text":"Whether hearsay evidence of inquiry is admissible","issue_type":"procedural","dispositive":"no","related_facts":"Inquiry from member of public about negotiability of purchase price"}
- {"issue_text":"Whether the matter is res judicata","issue_type":"procedural","dispositive":"no","related_facts":"Pending cases HC 4700/09 and HC 4804/09"}
- {"issue_text":"Whether parties have locus standi","issue_type":"procedural","dispositive":"no","related_facts":"Dispute over church leadership and property control"}
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background
Facts of the Case
Background
The Church of the Province of Central Africa sought an urgent interdict to prevent the sale of church properties (stands 91 and 92 Second Street, Mutare) by the first respondent, a bishop leading a faction, who had given mandate to the second respondent estate agent to sell the properties despite pending litigation over church control.
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