THE TRUSTEES OF THE APOSTOLIC FAITH MISSION OF AFRICA versus ZULU ROSEWELL and PHILEMON NY ABADZA and BEROLD DUBE and MALEVEN DUBE and MAPENDUKA STAFF KIMBINI TORO and NEWMAN MANHANGA and POLITE MUSIMANGA and MANZI CHIKWENYA

HH 158-17

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Case Details

Court

Harare High Court

Date

9 March 2017

Citation

HH 158-17

Neutral Citation

[2017] ZWHHC 158

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MATANDA-MOYO J

Full Bench

MATANDA-MOYO J

Areas of Law

Civil ProcedureProperty LawTrust Law

Keywords

Spoliation orderChamber applicationForm 29BCondonationTrustee citation

Key Issues

{"issue_text":"Whether the applicant's failure to use the prescribed Form 29B for the chamber application was fatal to the application","issue_type":"procedural","dispositive":"yes","related_facts":"The application was not in Form 29B and the applicant did not apply for condonation"}
{"issue_text":"Whether a spoliation order can be sought on an interim basis based on a prima facie right","issue_type":"law","dispositive":"yes","related_facts":"The applicant sought interim spoliation relief based on prima facie right"}
{"issue_text":"Whether the applicant trust was properly cited in the proceedings","issue_type":"procedural","dispositive":"no","related_facts":"The respondents objected to the citation of the trust"}

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Facts of the Case

Background

The applicant trustees of a church trust filed an urgent chamber application for a spoliation order against eight respondents. The respondents raised preliminary objections that the application was procedurally defective as it did not comply with Rule 241 regarding the required form (Form 29B), and that a spoliation order cannot be sought on an interim basis based on a prima facie right.

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