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Supreme Court
Cossam Chiyangwa v Apostolic Faith Mission in Zimbabwe
SC 5/23
Case Details
Court
Supreme Court
Date
13 January 2023
Citation
SC 5/23
Neutral Citation
[2023] ZWSC 5
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Guvava JA
Full Bench
Guvava JAChiweshe JAChitakunye JA
Areas of Law
Property LawCivil Procedure
Keywords
mandamus van spoliepeaceful possessionunlawful dispossessionchurch dispute
Tags
spoliationchurch propertyunlawful dispossession
legislation
Statutes Cited
- High Court Rules, 2021
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a judge sitting in chambers can grant final relief in urgent chamber application","issue_type":"procedural","dispositive":"no","related_facts":"Application brought as urgent chamber application seeking final spoliation order"}
- {"issue_text":"Whether the requirements for mandamus van spolie were met","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent's peaceful possession, appellant's forcible entry"}
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background
Facts of the Case
Background
The appellant, a former pastor of the respondent church, was dismissed as President following earlier litigation. After forming his own church and vacating the premises, he forcibly re-entered the church property in October 2021, breaking locks and conducting services. The respondent successfully obtained a mandamus van spolie order from the High Court, which the appellant appealed.
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