Upenyu Mashangwa and Blessing Mashangwa v Emmanuel Makandiwa and Ruth Makandiwa and United Family International Church

HH 10-18

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Case Details

Court

Harare High Court

Date

12 January 2018

Citation

HH 10-18

Neutral Citation

[2018] ZWHH 10

Outcome

unknown

Case Type

Application

Bench

Presiding

MANGOTA J

Full Bench

MANGOTA J

Areas of Law

Delictual LawPractice and Procedure

Keywords

ExceptionCause of ActionVague and EmbarrassingFraudInjurious FalsehoodInjuriaEcclesiastical Matters

Key Issues

{"issue_text":"Whether the plaintiffs' summons and declaration disclose a cause of action against the defendants.","issue_type":"law","dispositive":"yes","related_facts":"All claims made by the plaintiffs."}
{"issue_text":"Whether the plaintiffs' claims are vague and embarrassing.","issue_type":"law","dispositive":"yes","related_facts":"The wording of the plaintiffs' claims, particularly claims 5 and 6."}
{"issue_text":"Whether the court has jurisdiction to determine matters arising from ecclesiastical proceedings.","issue_type":"law","dispositive":"yes","related_facts":"The context of the statements being made within a religious setting."}

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Facts of the Case

Background

The plaintiffs, husband and wife, are members of the third defendant church. The first and second defendants are the church leaders and prophets. The plaintiffs sued all three defendants for delictual damages arising from six claims, including fraud, injurious falsehood, and injuria. The defendants excepted to the summons, arguing it did not disclose a cause of action and was vague. The plaintiffs failed to respond to a letter pointing out defects, leading to the exception being filed.

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