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Supreme Court
Richard John Sibanda & 2 Ors v The Apostolic Faith Mission of Portland Oregon (Southern African Headquarters) Inc
SC 49/18
Case Details
Court
Supreme Court
Date
27 July 2018
Citation
SC 49/18
Neutral Citation
[2018] ZWSC 49
Outcome
unknown
Case Type
Appeal
Bench
Presiding
HLATSHWAYO JA
Full Bench
GOWORA JAHLATSHWAYO JAUCHENA AJA
Areas of Law
Property LawVoluntary AssociationsConstitutional Law
Keywords
church schismsuspensionlocus standiresignationneutral principles
Tags
church propertyreligious organizationsvoluntary associations
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether respondent had requisite locus standi to sue","issue_type":"procedural","dispositive":"no","related_facts":"Respondent is branch of parent church; first appellant purported to act on behalf of respondent while suspended"}
- {"issue_text":"Whether appellants had ceased to be members of respondent","issue_type":"mixed","dispositive":"yes","related_facts":"Letter of 3 February 2012; suspension confirmed but no dismissal"}
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background
Facts of the Case
Background
Dispute arose when first appellant, suspended overseer of respondent church, purported to act on behalf of the church and communicated rejection of parent church authority. Respondent sought declaratory order that appellants ceased to be members and must relinquish church properties.
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