Church of the Province of Central Africa v Mr Elson M Jakazi

HH 73-2010

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Case Details

Court

Harare High Court

Date

28 April 2010

Citation

HH 73-2010

Neutral Citation

[2010] ZWHH 73

Outcome

unknown

Case Type

Exception

Bench

Presiding

MAKARAU JP

Full Bench

MAKARAU JP

Areas of Law

Property lawCivil procedure

Keywords

Church propertyTrusteesLocus standiExceptionCosts

Key Issues

{"issue_text":"Whether the defendants should pay the plaintiff's wasted costs after withdrawing the exception","issue_type":"procedural","dispositive":"yes","related_facts":"Exception was withdrawn after both parties had incurred costs preparing for hearing"}

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background

Facts of the Case

Background

The Church of the Province of Central Africa sued twelve defendants alleging they had seceded from the church and sought their eviction from church property. The defendants raised exceptions regarding the plaintiff's locus standi and failure to cite the Board of Trustees, but later withdrew the exception.

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