SC 13-14 - TAGUTA & ORS v THE STATE

  1. SAMSON MOMBERUME TAGUTA (2) TITUS M. TAGUTA (3) AMBROSE M. TAGUTA (4) ELIAKIM M. TAGUTA (5) ESROM M. TAGUTA (6) ELMOND M. TAGUTA (7) JAMES M. TAGUTA (8) ZIBERT M. MOMBERUME    

(9) STEPHEN M.  TAGUTA

v

THE STATE

 

SUPREME COURT OF ZIMBABWE

MALABA DCJ, ZIYAMBI JA & OMERJEE AJA

HARARE, JULY 9, 2012

Mr Mucheriwesi, for the appellants

No appearance for the respondents

 

MALABA DCJ: At the end of hearing argument for the appellants the appeal was dismissed. There was no appearance for the respondent.  It was indicated at the time that reasons for the decision would follow in due course.  These are they.

The facts of the case are as follows.  The appellants and the complainants were members of two rival factions of the Johanne Marange Apostolic Faith Church led by Noah Taguta and Clemence Momberume respectively.  The appellants and the complainants are related as they are cousins.

On 18 July 2001, the elder son of the founder member of Johanne Marange Apostolic Church, Oliver Momberume passed away.  Members of the factions gathered for the funeral at the deceased’s homestead in Taguta Village, Chief Marange, Mutare.  Public Violence erupted between the two factions following disagreements concerning the provision of a coffin for the late Oliver Momberume.  The complainants led by Clemence Momberume had bought the coffin.  The appellants were not happy with this arrangement hence destroyed the coffin and burnt it.  They assaulted the complainants and burnt their property, seriously injuring the complainants who suffered permanent disabilities.  Property valued at ZW$440 130 was destroyed.

File: