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Harare High Court
Reverend Clement Nyathi and The Trustees of the Apostolic Faith Mission of Africa v Rosewell Zulu and Executor of the Estate Late Tony Tshuma and Registrar of Deeds Bulawayo N.O
HH 478-17
Case Details
Court
Harare High Court
Date
25 July 2017
Citation
HH 478-17
Neutral Citation
[2017] ZWHH 478
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Property LawConstitutional Law
Keywords
church assetschurch constitutionleadership disputes
Tags
church propertychurch leadershipconstitutional disputes
legislation
Statutes Cited
- High Court Rules 1971
- High Court Rules 1971
- High Court Rules 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the special plea of prescription should be upheld","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiffs' claim related to 2014 constitutional amendments"}
- {"issue_text":"Whether the plaintiffs had locus standi to sue as church representatives","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiffs purported to represent the church"}
- {"issue_text":"Whether the automatic bar against the plaintiffs should be enforced","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiffs failed to file heads of argument by deadline"}
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background
Facts of the Case
Background
The plaintiffs, representing the Apostolic Faith Mission of Africa, sued the defendants seeking declarations regarding church leadership and control of church assets. The defendants raised special pleas of prescription and lack of locus standi. The plaintiffs failed to file heads of argument timeously, resulting in an automatic bar, and subsequently filed an invalid notice of withdrawal while still under the bar.
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