Nkomo and 7 others v Lee and 8 Others (33 of 2024) [2024] ZWBHC 33 (7 March 2024)

Nkomo and 7 others v Lee and 8 Others (33 of 2024) [2024] ZWBHC 33 (7 March 2024)

The court found that there are material disputes of fact regarding the applicants' membership status, the validity of the 2012 constitution, and entitlement to restoration of possession, which cannot be resolved on affidavit evidence. The matter is not suitable for determination in its current form and should be brought as a proper action with pleadings.

Citation
[2024] ZWBHC 33
Parties
Applicant: Julie Joseph Nkomo; Applicant: Taukosi Sibanda; Applicant: Felix Mabaso; Applicant: Gilbert Murambasvina; Applicant: Phelemon Manongore; Applicant: Lawrence Joram Jonhera; Applicant: Pastor Michael Matarirano; Applicant: Daniel Sibalo; Respondent: Daniel Lee; Respondent: Dwight Balztell; Respondent: Ceryl Paulsen; Respondent: Reverend Oniyas Gumbo; Respondent: Ashworth Mahachi; Respondent: Jamson Nkiwane; Respondent: Kwaziso Bosha; Respondent: Apostolic Faith Mission of Portland, Oregon (Southern Africa Headquarters) Inc; Respondent: Apostolic Faith Mission of Portland, Oregon (International Headquarters) Inc.
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
7 March 2024
Case Number
33 of 2024
Procedural Posture
Opposed Application / Ruling on Preliminary Points (points in Limine)
Outcome
Struck off the roll with costs
Legal Topics
Declaratory Orders, Locus Standi, Material Disputes of Fact, Prescription, Church Constitutions, Eviction
Source Language
English
Civil Procedure Church Law Declaratory Orders Locus Standi Material Disputes of Fact Prescription Church Constitutions Eviction

Case Brief

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Parties

Julie Joseph Nkomo

Applicant

Taukosi Sibanda

Applicant

Felix Mabaso

Applicant

Gilbert Murambasvina

Applicant

Phelemon Manongore

Applicant

Lawrence Joram Jonhera

Applicant

Pastor Michael Matarirano

Applicant

Daniel Sibalo

Applicant

Daniel Lee

Respondent

Dwight Balztell

Respondent

Ceryl Paulsen

Respondent

Reverend Oniyas Gumbo

Respondent

Ashworth Mahachi

Respondent

Jamson Nkiwane

Respondent

Kwaziso Bosha

Respondent

Apostolic Faith Mission of Portland, Oregon (Southern Africa Headquarters) Inc

Respondent

Apostolic Faith Mission of Portland, Oregon (International Headquarters) Inc.

Respondent

Procedural Posture

Opposed Application / Ruling on Preliminary Points (points in Limine)

Legal Issues

  1. 1 Whether the applicants have locus standi to bring the application
  2. 2 Whether the matter is prescribed
  3. 3 Whether there are material disputes of fact that preclude resolution on affidavit evidence

Ratio Decidendi

The court found that there are material disputes of fact regarding the applicants' membership status, the validity of the 2012 constitution, and entitlement to restoration of possession, which cannot be resolved on affidavit evidence. The matter is not suitable for determination in its current form and should be brought as a proper action with pleadings.

Court Disposition

Struck off the roll with costs

Orders

  • Matter struck off the roll with costs