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Harare High Court

THE CHURCH OF THE PROVINCE OF CENTRAL AFRICA versus THE DIOCESAN TRUSTEES FOR THE DIOCESE OF HARARE

HH 105-2010

Case Details

Court
Harare High Court
Date
31 May 2010
Citation
HH 105-2010
Neutral Citation
[2010] ZWHH 105
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
MAVANGIRA J
Full Bench
MAVANGIRA J
Areas of Law
Civil ProcedureChurch LawInterim Relief
Keywords
Urgent chamber applicationInterim reliefLocus standiRes judicataFunctus officioChurch assets
Tags
Urgent ApplicationChurch DisputeInterim ReliefProcedural Points
legislation
Statutes Cited
  • Supreme Court Rules
  • Supreme Court Rules
  • High Court Rules
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court is functus officio and cannot hear the matter as it had already made a final determination that the matter is not urgent","issue_type":"procedural","dispositive":"no","related_facts":"The endorsement that the matter is not urgent was made without hearing oral arguments"}
  • {"issue_text":"Whether the deponent to the applicant's founding affidavit has locus standi to depose to the affidavit","issue_type":"procedural","dispositive":"no","related_facts":"The deponent was not appointed as Diocesan Registrar by the Bishop"}
  • {"issue_text":"Whether the matter is res judicata because it is predicated on an issue already determined by the Supreme Court","issue_type":"procedural","dispositive":"no","related_facts":"The Supreme Court dismissed the applicant's appeal"}
  • {"issue_text":"Whether the matter is urgent given the delay since July 2009","issue_type":"procedural","dispositive":"no","related_facts":"The applicant was put on notice from July 2009 about security for costs"}
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background
Facts of the Case

Background

The Church of the Province of Central Africa filed an urgent chamber application seeking to suspend the operation of orders granted in previous cases (HC 4327/08 and HC 2792/09) pending determination of their Supreme Court application for reinstatement of their appeal. The respondent raised several preliminary points including that the court was functus officio, lack of locus standi, res judicata, and lack of urgency.
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