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Harare High Court
JOHANE MASOWE CHISHANU APOSTLES v JOHANE MASOWE APOSTOLIC CHURCH (also known as JOHANE MASOWE CHISHANU APOSTLES) (led by RABBI NHAMOYEBONDE) and RABBI NHAMOYEBONDE
HH 499/24
Case Details
Court
Harare High Court
Date
5 November 2024
Citation
HH 499/24
Neutral Citation
[2024] ZWHH 499
Outcome
unknown
Case Type
Trial
Bench
Presiding
MANZUNZU J
Full Bench
MANZUNZU J
Areas of Law
Property LawInterdict LawCivil Procedure
Keywords
interdictabsolution from the instancechurch leadership disputelease agreementprima facie case
Tags
church property disputeinterdict applicationabsolution from the instance
legislation
Statutes Cited
- N
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- n
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- c
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff made out a prima facie case for an interdict","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff's evidence on lease agreement, interference, and alternative remedies"}
- {"issue_text":"Whether the plaintiff established a clear right to the property","issue_type":"mixed","dispositive":"no","related_facts":"Lease agreement does not bear plaintiff's name"}
- {"issue_text":"Whether there was continuous unlawful interference","issue_type":"factual","dispositive":"no","related_facts":"No interference since 2020"}
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background
Facts of the Case
Background
The plaintiff church sought an interdict against defendants to prevent them from interfering with church services at stand 7087 Unit L Seke (Nyatsime Shrine). The dispute centered on leadership succession after founder Sandros Nhamoyebonde's death, with both factions claiming legitimate leadership and rights to the property.
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