High Court Annuls Eviction Order Against AoG-SM Church
The court determined that there be a full trial to determine the rightful ownership of the church premises.
High Court Annuls Eviction Order Against AoG-SM Church
Harare, Zimbabwe – In a significant legal victory, the Assemblies of God-Spiritual Movement (AoG-SM) has successfully overturned a default judgment that would have led to their eviction from church premises in Marondera. The High Court ruled in favor of the AoG-SM, led by Mr. Phillip Zinyama, finding that the default judgment was obtained due to an error by their legal representatives.
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The dispute arose when a group called Assemblies of God Back To God, led by Mr. Nathan Sethlako, accused the Zinyama camp of refusing to vacate the church premises located in Cherima, Marondera. The Sethlako group initiated legal proceedings and obtained a default judgment against the AoG-SM due to the bungled defense by their lawyers.
However, the AoG-SM challenged the default judgment, arguing that their lawyers' shortcomings prevented them from adequately defending their case. In her judgment, High Court Judge Justice Priscilla Munangati-Manongwa ruled that the applicants cannot be punished for the errors made by their legal practitioners. She emphasized the importance of a fair trial and noted that the AoG-SM had taken timely steps to engage legal counsel and provide instructions for their defense.
High Court Annuls Eviction Order Against AoG-SM Church
The judge also found that the AoG-SM had presented evidence demonstrating their legal occupancy of the church premises through an agreement of sale with Marondera Municipality and supporting documentation. In contrast, the Sethlako group failed to provide sufficient evidence to establish their exclusive rights to the property.
Justice Munangati Manongwa concluded that the AoG-SM has a triable case and that the default judgment should be set aside to allow for a full trial to determine the rightful ownership of the church premises. She emphasized the need for clarity on the relationship between the two groups and their respective rights to the property.
The ruling is a significant setback for the Sethlako group, which has been involved in a protracted dispute with the AoG-SM over the leadership and control of the church. The case highlights the importance of legal representation and the potential consequences of errors made by legal practitioners.