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Harare High Court

Diocese of Harare v Church of the Province of Central Africa and Retired Bishop Sebastian Bakare

HH 6-2008

Case Details

Court
Harare High Court
Date
30 January 2008
Citation
HH 6-2008
Neutral Citation
[2008] ZWHH 6
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Hungwje J
Full Bench
Hungwje J
Areas of Law
Property lawEcclesiastical lawCivil procedure
Keywords
Spoliation orderChurch constitutionLocus standiPossessionAnglican Church
Tags
Church propertyEcclesiastical lawSpoliationReligious organizations
legislation
Statutes Cited
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Does the applicant have locus standi to bring this application given the alleged unconstitutional secession?","issue_type":"procedural","dispositive":"yes","related_facts":"Purported secession without following constitutional procedures"}
  • {"issue_text":"Has spoliation occurred warranting a mandament van spolie?","issue_type":"mixed","dispositive":"no","related_facts":"Second respondent conducting services at applicant's churches"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The Diocese of Harare, led by Bishop Kunonga, purported to secede from the Church of the Province of Central Africa in September 2007 and sought an interdict to prevent the first respondent and Bishop Bakare from conducting services in church properties. The respondents challenged both the applicant's locus standi and the merits of the spoliation claim.
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