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Fungai Lupande Senior Court Reporter
The leadership row in the Apostolic Faith Mission (AFM) has triggered notices of eviction for 28 church-owned houses, but one man in Highfield is fighting back, saying he was never involved in the row.
Kennerd Magune, who has been a resident at house number 1618 Lusaka, Highfield since January, has approached the High Court seeking an interdict against the eviction, saying the eviction will leave his family homeless.
The church, which is embroiled in a leadership wrangle, won a Bulawayo High Court case number HC 2106/18 and issued a writ of eviction on 28 houses, including the one in Highfield.
“If at the time this order is granted and eviction is effected, then this order is authority to any such person to re-enter the premises and the deputy sheriff shall render all necessary assistance to allow the applicant to re-enter and re-take occupation of the premises,” read the draft order.
“On August 15, 2019, the Sheriff served me with a writ of eviction. The property is not listed on either the order or writ.”
Magune claims that Reverend Richard Sibanda, who was the overseer and chairman of the church’s board of trustees, did not apply for the writ, but he is cited as a plaintiff.
He said he assumed there was an error and contacted the church’s legal practitioners.
“I am aware of litigation going on in the church and that Rev Sibanda was suspended from his membership of the church and evicted from a Bulawayo house belonging to the church,” read the application.
“Rev Sibanda does not reside at the premises with me nor do I claim occupation through him. “The eviction, apart from being illegal, will cause me great hardship as I have nowhere to move to with my family.
“I have never been a party to any litigation with either of the respondents and the writ cannot possibly be directed at me, yet it is me who is sought to be evicted.”
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