Mureri and Others v (UAAC) United African Apostolic Church and Others - Appeal (HCAA06/2023) [2023] ZALMPPHC 114 (29 November 2023)

Mureri and Others v (UAAC) United African Apostolic Church and Others - Appeal (HCAA06/2023) [2023] ZALMPPHC 114 (29 November 2023)

The Full Court found that the appeal was properly before it, as the change of seat and case number did not render the notice of appeal late or irregular. Condonation for any procedural irregularity was granted in the interests of justice, given the protracted history and absence of prejudice. The court held that the main application and counter-application involved substantial disputes of fact, particularly regarding the use and occupation of church headquarters, the validity of constitutions, and the standing of parties. These disputes could not be resolved on affidavit and required referral to trial. The court a quo misdirected itself by considering supplementary affidavits filed...

Citation
[2023] ZALMPPHC 114
Parties
Appellant: Mureri Ailwei David; Appellant: Mureri Ailwei David (Chairperson); Appellant: Muleya Lukas (Treasurer); Appellant: Mureri Orbert; Appellant: United African Apostolic Church New NEC; Appellant: Langa Selina; Appellant: Mudzanani Timothy; Appellant: Tshikororo Mashudu; Appellant: Matodzi Thizwilondi Wilson; Appellant: Manenzhe Lackson; Appellant: Muleya Salphy; Appellant: Mureri Ailwei David (Chairperson of the Mureri Royal Council); Respondent: (UAAC) United African Apostolic Church; Respondent: Netshitongwe Tshimangodzo Lesie; Respondent: Murudi Tshiwela Elizabeth; Respondent: Tshililo Mashudu Sarah; Respondent: Makgele Tshinakano Leah; Respondent: Nelufhanga Ninndanganeni Solomon; Respondent: Nenzhelele Mbulaheni Rollet; Respondent: Ramudzuli Emmanuel; Respondent: Tshindane Moses; Respondent: Londani Thomani David
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
29 November 2023
Case Number
HCAA06/2023
Procedural Posture
Civil Appeal / Appeal From Judgment of Limpopo Local Division, Thohoyandou; Hearing in Limpopo High Court, Polokwane
Outcome
Appeal upheld with costs, including costs of two counsel. Judgment of the court a quo set aside. Main application and counter-application referred to trial before another judge.
Judges
J.T. Ngobeni, G. Muller, M.G. Phatudi
Legal Topics
Interdict Proceedings, Locus Standi, Joinder and Authorisation, Dispute of Fact, Church Governance, Referral to Trial
Civil Procedure Family and Children Land and Property Interdict Proceedings Locus Standi Joinder and Authorisation Dispute of Fact Church Governance +1 more

Case Brief

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Parties

Mureri Ailwei David

Appellant

Mureri Ailwei David (Chairperson)

Appellant

Muleya Lukas (Treasurer)

Appellant

Mureri Orbert

Appellant

United African Apostolic Church New NEC

Appellant

Langa Selina

Appellant

Mudzanani Timothy

Appellant

Tshikororo Mashudu

Appellant

Matodzi Thizwilondi Wilson

Appellant

Manenzhe Lackson

Appellant

Muleya Salphy

Appellant

Mureri Ailwei David (Chairperson of the Mureri Royal Council)

Appellant

(UAAC) United African Apostolic Church

Respondent

Netshitongwe Tshimangodzo Lesie

Respondent

Murudi Tshiwela Elizabeth

Respondent

Tshililo Mashudu Sarah

Respondent

Makgele Tshinakano Leah

Respondent

Nelufhanga Ninndanganeni Solomon

Respondent

Nenzhelele Mbulaheni Rollet

Respondent

Ramudzuli Emmanuel

Respondent

Tshindane Moses

Respondent

Londani Thomani David

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of Limpopo Local Division, Thohoyandou; Hearing in Limpopo High Court, Polokwane

Legal Issues

  1. 1 Whether the appeal was properly before the Limpopo High Court, Polokwane despite change of seat and case number.
  2. 2 Whether condonation for late filing of the appeal in Polokwane should be granted.
  3. 3 Whether the main application and counter-application should have been decided on papers or referred to trial due to disputes of fact.

Ratio Decidendi

The Full Court found that the appeal was properly before it, as the change of seat and case number did not render the notice of appeal late or irregular. Condonation for any procedural irregularity was granted in the interests of justice, given the protracted history and absence of prejudice. The court held that the main application and counter-application involved substantial disputes of fact, particularly regarding the use and occupation of church headquarters, the validity of constitutions, and the standing of parties. These disputes could not be resolved on affidavit and required referral to trial. The court a quo misdirected itself by considering supplementary affidavits filed...

Court Disposition

Appeal upheld with costs, including costs of two counsel. Judgment of the court a quo set aside. Main application and counter-application referred to trial before another judge.

Orders

  • Condonation is granted for the late filing of the appeal in the Limpopo Division of the High Court (Polokwane).
  • The appeal is upheld with costs, including costs of two counsel.