High Court rescinds Assemblies of God default judgment

The High Court has overturned a default judgment that had been passed against leaders of the Assemblies of God - Spiritual Movement (AoG-SM), sparing them from eviction from their church premises in Marondera. The ruling came after the AoG-SM, led by Phillip Zinyama, was taken to court by a rival group, Assemblies of God - Back to God (AoG-BTG), over the occupation of a state-of-the-art church building located in Marondera's Cherima high-density suburb.

AoG-BTG, led by Nathan Sethlako, had accused AoG-SM of refusing to vacate the church, resulting in a default judgment in favor of AoG-BTG. However, AoG-SM challenged the ruling, arguing that the judgment had been granted despite their efforts to defend the case.

In a judgment dated September 23, 2024, High Court Judge Justice Priscilla Munangati-Manongwa ruled in favor of AoG-SM, stating that the applicants should not be penalized for a mistake made by their legal team, which had filed a defective appearance to defend the case. She emphasized that the denomination had the right to a full trial.

"The error was not deliberate on the part of the applicants. They had instructed the legal practitioners to defend, and the error in filing a defective appearance to defend was done by the legal practitioners," read part of the judgment.

Justice Munangati-Manongwa noted that AoG-SM had provided evidence of their legal occupation of the premises, including an agreement of sale with the Marondera Municipality and payment receipts for rent and water services.

"The applicants have met the requirement of the existence of a good defense, and the application is bona fide," the judge ruled. "The applicants have good prospects of success and certainly the court is convinced that this application is genuinely made and is thus bona fide."

The court ruled that AoG-SM has a triable case, and the default judgment was set aside to allow the matter to proceed to trial. This will enable further clarity on whether the extension of Assemblies of God, represented by AoG-SM upon purchasing the property, is the same as the respondent, AoG-BTG.

The leadership dispute within the church arose after the death of AoG-SM leader Francis Nyika, who was succeeded by his aide, Phillip Zinyama, a move contested by the old guard. Nyika, who had been mentored by South African pastor Nicholas Bhengu, built the 500-seater Marondera church and established 14 assemblies in rural areas. The dispute over leadership and church assets has since intensified, with the old guard allegedly attempting to take control of the church's properties.

AoG-BTG is represented by its secretary-general Silas Mhazo. The legal battle between the two factions will now continue, with the court's rescinding of the eviction order opening the door for further litigation.