Church leaders breathe sigh of relief after court ruling

Latwell Nyangu

A MARONDERA church, which was set to be evicted after a row over the premises, has been spared after the High Court rescinded a default judgment.

Initially, a default judgement had been passed against Assemblies of God-Spiritual Movement (AoG-SM), leaders who are at loggerheads with a rival grouping, Assemblies of God – Back to God (AoG-BTG), led by Nathan Sethlako.

AoG-SM, led by its leader Phillip Zinyama, approached the High Court citing that the ruling was made despite their efforts to defend themselves.

The church is located in Marondera’s high-density suburb of Cherima.

In a High Court judgment, Justice Priscilla Munangati-Munongwa, said:

“This court is satisfied that the applicants have met the requirement of the existence of a good defence, and that the application is bona fide.

“The applicant has placed before the court an agreement of sale of the stand in issue entered into with Marondera Municipality signed for on one part by the second respondent and witnessed by third and fourth applicants.

“Further, receipts for the payment of rent and water services have been provided by the applicants.

“The applicants further attest to the construction of the church building on the disputed stand.

“The respondent has not placed before the court any evidence on acquisition of the property save to allege that it has exclusive rights to the property in the issue where eviction is being sought.”

She added:

“Given the aforegoing and the fact that respondent had sued first applicant in HC5359/23 as a separate entity, and even conceded that the first applicant and respondent are distinct churches it is in the interest of justice that the judgment be rescinded and proffer the applicants a legal opportunity to defend their right to the property.

“Apparently, the 3rd and 4th applicants prayed for upliftment of bar and condonation, and such relief was not contested at the hearing.

“Thus, the court also finds it fit and proper to uplift the bar operating against the applicants and further condone the failure of the applicants to serve their appearance to defend on the respondent.

“This relief flows HH 431-24 HC 7365/23 from the court’s discretion to grant such orders upon application and the applicants had applied for such relief.

“That being the case, the court finds that there is good and sufficient cause to rescind the default judgment operating against the 3rd and 4th applicants in case number HC5359/23.”