DIOCESE OF HARARE v CHURCH OF PROVINCE OF CENTRAL AFRICA & ANOR (1) 2008 (1) ZLR 112 (H)
Citation | 2008 (1) ZLR 112 (H) |
Case No | Judgment No. HH-6-08 |
Court | High Court, Harare |
Judge | Hungwe J |
Heard | 13 December 2007 |
Judgment | 30 January 2008 |
Counsel | J P Mutizwa, for the applicant |
Case Type | Urgent chamber application |
Annotations | Link to case annotations |
Flynote
Church — government of — church's constitution — members and clergy bound by such constitution — effect of failure to follow procedures laid down in constitution — diocese purportedly withdrawing from province to which it belonged — diocese not following laid down procedures — legal action instituted in name of diocese — applicant having no locus standi
Practice and procedure — parties — locus standi — spoliation order — need for applicant to show he has locus standi
Property and real rights — spoliation order — requirements for — need for applicant to show he was in exclusive possession of property — member of a church — cannot possess church premises to exclusion of other church organs or members — spoliation of incorporeal right — meaning — bishop being invited by faithful to minister to them — not an unlawful dispossession of any rights held by ordained bishop — locus standi to bring application for spoliation — applicant must show he has locus standi
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