SC 09-14 - MARANGE APOSTOLIC CHURCH OF ST JOHANNE v MOMBERUME

  1.   MARANGE APOSTOLIC CHURCH OF ST JOHANNE  (2) ISRAEL RUWOKO

v

CLEMENCE MOMBERUME

 

 

SUPREME COURT OF ZIMBABWE

GWAUNZA JA, GOWORA JA & PATEL JA

HARARE, FEBRUARY 7 & FEBRUARY 21, 2014

R. Goba, for the 1st appellant

T. Mberi, for the 2nd appellant

T. Mpofu, for the respondent

 

GWAUNZA JA: This is  an appeal against the decision of the High Court Harare, in HC 11782/2011, which was handed down on 15 May 2013.

The background to the dispute is that the respondent instituted court action in 2005 against the first appellant and two others for, inter alia, the return of certain church goods and regalia.  On 13 December 2006 a default judgment was granted in favour of the respondent. This judgment was subsequently rescinded on 14 May 2007.  Almost two years later, on 3 February 2009, the respondent’s then legal practitioners filed a notice of withdrawal of the action, purportedly on the instructions of the second appellant.

It is pertinent to note that the first appellant and the respondent belong to rival factions of what used to be one church.

The crux of the appeal is whether or not the court a quo erred in accepting that the said notice of withdrawal in case No. 2716/2005 was filed on the instructions of the second appellant as opposed to the respondent.

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