Mugodhi Apostolic Faith Church v Washington Mugodhi

HH 463-21

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Case Details

Court

Harare High Court

Date

9 September 2021

Citation

HH 463-21

Neutral Citation

[2021] ZWHH 463

Outcome

unknown

Case Type

Application

Bench

Presiding

Muremba J

Full Bench

Muremba J

Areas of Law

Civil procedureLocus standi

Keywords

Church constitutionBishop successionUltra vires appointmentAuthority to sue

Key Issues

{"issue_text":"Does the applicant church have locus standi to bring these proceedings when it is under the control of the respondent?","issue_type":"procedural","dispositive":"yes","related_facts":"Washington Mugodhi controls the church; Tonnie Sigauke lacks authorization to sue"}
{"issue_text":"Does Tonnie Sigauke have authority to institute legal proceedings on behalf of the church?","issue_type":"procedural","dispositive":"yes","related_facts":"Resolution appointing acting bishop silent on litigation authority; 8-month gap between appointment and filing"}

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background

Facts of the Case

Background

The applicant church sought to declare respondent's self-installation as bishop ultra vires and sought orders recognizing Aaron Munodawafa as substantive bishop and Tonnie Sigauke as acting bishop. The court found the applicant lacked locus standi as it was under respondent's control and the deponent lacked authority to sue.

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