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Harare High Court

Ernest Mhambare v Alfred Kushamisa Mwazha and Ngoni Edward Mwazha and Masimba Mwazha and James Mwazha and Richard Juru and Elson Tafa and Charles Tekeshe and Lovemore Mharadze and Norman Siyamuzhombwe and African Apostolic Church (VaApostora VeAfrica)

HH 2-21

Case Details

Court
Harare High Court
Date
5 January 2021
Citation
HH 2-21
Neutral Citation
[2021] ZWHH 2
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Civil procedureEcclesiastical law
Keywords
Church constitutionSuccession disputeUrgencyExecution pending appealViolence in church
Tags
Church successionUrgent applicationExecution pending appeal
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment (No. 20) Act 2013
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the application for leave to execute pending appeal was urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 6 days after appeal noted, incidents occurred over several months"}
  • {"issue_text":"Whether the relief sought was the appropriate remedy for the alleged injury","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant alleged violence and disruption, sought execution of succession judgment"}
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background
Facts of the Case

Background

The applicant sought urgent leave to execute a judgment declaring unconstitutional the purported appointment of the first respondent as successor to the Archbishop of the African Apostolic Church. The respondents opposed on grounds of lack of urgency and that the relief sought was not the remedy for the alleged injury of violence and disruption in the church.
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