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AFM in Zimbabwe wins court battle against ex-Pastor
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The Apostolic Faith Mission (AFM) in Zimbabwe has scored a major legal victory after the High Court dismissed an attempt by former pastor Willard Kurida to block the church's application to bar him and the breakaway AFM of Zimbabwe from using its properties.
In a recent ruling, High Court judge Justice Maxwell Takuva found that the objection raised by Kurida was without merit, effectively clearing the way for the AFM in Zimbabwe to proceed with its application for a permanent interdict.
The church is seeking an order permanently preventing Kurida and his followers from accessing or conducting church services on its premises. It argues that Kurida has been unlawfully occupying and using AFM in Zimbabwe properties despite having been dismissed as a pastor in 2018.
The dispute has its roots in a long-running leadership wrangle that split the church between 2017 and 2019. The conflict was eventually settled by a Supreme Court ruling that confirmed Amon Madawo as the legitimate leader of the AFM in Zimbabwe.
Following that judgment, a faction led by Cossam Chiangwa broke away to form the AFM of Zimbabwe, with Kurida aligning himself with the splinter group. Despite the formation of the new church, Kurida continued to hold services and church activities on AFM in Zimbabwe properties.
Court papers state that he did so "knowing very well that he has no right to be on the Applicant's premises."
In a bid to derail the interdict application, Kurida challenged its validity, arguing that the individual who deposed to the founding affidavit had not been properly authorised to do so. His legal team contended that the church's resolution was overly broad, failed to identify the respondents or the cause of action, and therefore rendered the application invalid.
Kurida's lawyer urged the court to strike the matter off the roll with costs, arguing that "there is no application before the court."
Justice Takuva dismissed that argument, ruling that the resolution clearly authorised the deponent and adequately set out the basis of the application.
"The resolution is not general in that it speaks to illegal occupants of Applicant's property," Takuva said.
"One need not identify by name the parties involved."
The judge added that the authorities relied upon by Kurida's counsel did not apply to the facts of the case.
With the preliminary objection dismissed, the AFM in Zimbabwe will now proceed with its application for a permanent order barring the splinter group from using its properties.
The ruling marks another court victory for the Madawo-led AFM in Zimbabwe as it continues to assert control over church assets following the leadership split.
In a recent ruling, High Court judge Justice Maxwell Takuva found that the objection raised by Kurida was without merit, effectively clearing the way for the AFM in Zimbabwe to proceed with its application for a permanent interdict.
The church is seeking an order permanently preventing Kurida and his followers from accessing or conducting church services on its premises. It argues that Kurida has been unlawfully occupying and using AFM in Zimbabwe properties despite having been dismissed as a pastor in 2018.
The dispute has its roots in a long-running leadership wrangle that split the church between 2017 and 2019. The conflict was eventually settled by a Supreme Court ruling that confirmed Amon Madawo as the legitimate leader of the AFM in Zimbabwe.
Following that judgment, a faction led by Cossam Chiangwa broke away to form the AFM of Zimbabwe, with Kurida aligning himself with the splinter group. Despite the formation of the new church, Kurida continued to hold services and church activities on AFM in Zimbabwe properties.
Court papers state that he did so "knowing very well that he has no right to be on the Applicant's premises."
In a bid to derail the interdict application, Kurida challenged its validity, arguing that the individual who deposed to the founding affidavit had not been properly authorised to do so. His legal team contended that the church's resolution was overly broad, failed to identify the respondents or the cause of action, and therefore rendered the application invalid.
Justice Takuva dismissed that argument, ruling that the resolution clearly authorised the deponent and adequately set out the basis of the application.
"The resolution is not general in that it speaks to illegal occupants of Applicant's property," Takuva said.
"One need not identify by name the parties involved."
The judge added that the authorities relied upon by Kurida's counsel did not apply to the facts of the case.
With the preliminary objection dismissed, the AFM in Zimbabwe will now proceed with its application for a permanent order barring the splinter group from using its properties.
The ruling marks another court victory for the Madawo-led AFM in Zimbabwe as it continues to assert control over church assets following the leadership split.
Source - NewZimbabwe
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