HARARE – The Apostolic Faith Mission in Zimbabwe has secured a decisive legal victory over a rival faction in a long-running dispute over its Mbare property, after the High Court of Zimbabwe granted summary judgement in its favour, describing the respondents’ repeated litigation as “vexatious” and without merit.
In a judgment delivered by Justice Joel Mambara, the court ruled that the respondents, the Apostolic Faith Mission of Zimbabwe and six others, had failed to disclose any bona fide defence and had entered appearance to defend merely to delay a matter already conclusively settled by previous court decisions.
The dispute centred on ownership of stand number 12921 Salisbury Township Lands, measuring 3 045 square metres and also known as 12921 Chaminuka Street, Mbare, Harare.
The property is registered in the name of the Trustees of the Time Being of the Apostolic Faith Mission in Zimbabwe.
The respondents argued that the applicant lacked locus standi, claiming it was distinct from AFM in Zimbabwe and relying on the alleged existence of a notarial trust deed appointing different trustees.
They also contended that both parties were affiliates of an international church body and that the litigation had not been properly authorised.
The court rejected these arguments, holding that the identity of Apostolic Faith Mission in Zimbabwe, its governance structures, and ownership of its properties had already been definitively determined in a series of binding judgements by the High Court and the Supreme Court.
Justice Mambara found the attempt to separate the applicant from AFM in Zimbabwe to be “artificial and untenable,” noting that courts had repeatedly ruled on the matter and that those decisions remain extant and binding.
“First, the attempt to separate the applicant from AFM in Zimbabwe is artificial and untenable. This court and the Supreme Court have pronounced, in clear terms, on who constitutes AFM in Zimbabwe and on the ownership of its properties,” the judge noted.
The judge also dismissed reliance on an unspecified notarial deed, observing that no such deed was produced, no trustees were named, and no facts were placed before the court to show how it could override the church constitution or prior rulings.
On the issue of authority, the court accepted the applicant’s submission that the constitution of AFM in Zimbabwe provides for the establishment of a trust to hold church property and that certain office bearers become trustees by virtue of their positions, a framework already recognised by the courts.
The court noted that there was no genuine issue requiring trial and warned against the misuse of court processes to perpetuate disputes already resolved.
Summary judgement was therefore granted, with the respondents barred from asserting any right, title, or interest inconsistent with the applicant’s ownership of the property.
Costs were awarded against the respondents on the attorney-and-client scale, with the court describing the continued litigation as vexatious and warranting censure.
“This matter exemplifies persistent and obstinate litigation in defiance of settled law. The respondents have been before the courts repeatedly on these issues and have been unsuccessful on each occasion.
“The continued resistance to the applicant’s claim is vexatious and warrants censure. Costs on the higher scale are justified to mark the court’s displeasure and to indemnify the applicant,” Justice Mambara stated.
