FULL BLESSINGS OF GOD APOSTOLIC CHURCH

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SALVATION ARMY OF THE TWELVE APOSTLES CHURCH

IN THE HIGH COURT OF ZIMBABWE

BERE & MATHONSI JJ

BULAWAYO 22 MAY 2017 & 21 JUNE 2018

Civil Appeal

N. Mangena, for the appellant

Miss B. Dube, for the respondent

            BERE J:         The feuding parties in this case are the appellant represented by Aaron Tshuma and the respondent represented by Jephias Ncube.

            When the two parties appeared in the lower court the dominant issue that the court felt required determination was which of the feuding parties owned stand 965 Mathendele, Plumtree.  After a fully fledged trial, the court a quo found in favour of the respondent prompting the appellant to lodge this appeal.

In its detailed notice of appeal filed in this court the appellant attacked the lower court’s findings on the following grounds:

“1.       The court a quo grossly erred and misdirected itself in holding that the legal question that arose was “who between the Salvation Army of the Twelve Apostle … and the Full Blessings of God Apostolic Church … is the owner of stand 965 Mathendele Township Plumtree …, when in actual fact the legal question was whether the “two” were separate entities or not.