News / National
ZAOGA pleads for mercy
14 Mar 2016 at 05:36hrs | Views
THE Zimbabwe Assemblies of God Africa church (Zaoga) has pleaded with the High Court to suspend its eviction and subsequent demolition of the multimillion-dollar Zimbabwe Ezekiel Guti University.
The church built its university on someone's gold claims in Bindura.
High Court judge Justice Joseph Musakwa last week granted a default order compelling the church to vacate the premises to pave way for businessman Mr Charles Chakumba to freely conduct his gold mining operations.
The default judgment was granted after Zaoga and its lawyers failed to turn up for the pre-trial conference.
Mr Chakumba, who was allocated the gold claims at Barasse Farm in Bindura in 1994, then successfully applied for a default judgment against the church through his lawyer, Mr Vusani Bangidza of Tavenhave and Machingauta Legal Practitioners.
Mr Chakumba was allocated mining claims 31 and 32 under registration number 22441 and 22442, respectively at Barasse Farm by the Ministry of Mines and Mining Development in 1994.
He had been operating in the area until 2010 when the church was also allocated the same piece of land for the construction of a university by Bindura municipality.
For Mr Chakumba to properly carry out his business, the university's state-of-the-art educational facilities and other structures on the premises now have to be demolished.
On Wednesday, Zaoga lawyers, Debwe and Partners, filed an urgent chamber application for stay of execution of the default order pending determination of an application for rescission of the same decision.
"Applicant (church) contends that the said judgment was obtained in default at the pre-trial conference as a result of a genuine mistake on the part of its legal practitioners' secretary who upon service of the pre-trial conference notice, diarised it for March 16 instead of March 3 2016," read the papers.
The church said it only became aware of the eviction order through a report published in The Herald.
"Applicant became aware of the said judgment on March 7 following the publication of an article concerning the matter in question in The Herald," the church argued.
The church indicated that it had since filed an application for rescission of the default order and that pending finalisation of that matter, the eviction and possible demolition should be suspended.
The church is seeking a temporary interdict restraining Mr Chakumba from evicting the university, staff members and students at the campus.
The church built its university on someone's gold claims in Bindura.
High Court judge Justice Joseph Musakwa last week granted a default order compelling the church to vacate the premises to pave way for businessman Mr Charles Chakumba to freely conduct his gold mining operations.
The default judgment was granted after Zaoga and its lawyers failed to turn up for the pre-trial conference.
Mr Chakumba, who was allocated the gold claims at Barasse Farm in Bindura in 1994, then successfully applied for a default judgment against the church through his lawyer, Mr Vusani Bangidza of Tavenhave and Machingauta Legal Practitioners.
Mr Chakumba was allocated mining claims 31 and 32 under registration number 22441 and 22442, respectively at Barasse Farm by the Ministry of Mines and Mining Development in 1994.
He had been operating in the area until 2010 when the church was also allocated the same piece of land for the construction of a university by Bindura municipality.
On Wednesday, Zaoga lawyers, Debwe and Partners, filed an urgent chamber application for stay of execution of the default order pending determination of an application for rescission of the same decision.
"Applicant (church) contends that the said judgment was obtained in default at the pre-trial conference as a result of a genuine mistake on the part of its legal practitioners' secretary who upon service of the pre-trial conference notice, diarised it for March 16 instead of March 3 2016," read the papers.
The church said it only became aware of the eviction order through a report published in The Herald.
"Applicant became aware of the said judgment on March 7 following the publication of an article concerning the matter in question in The Herald," the church argued.
The church indicated that it had since filed an application for rescission of the default order and that pending finalisation of that matter, the eviction and possible demolition should be suspended.
The church is seeking a temporary interdict restraining Mr Chakumba from evicting the university, staff members and students at the campus.
Source - the herald
