AFRICAN APOSTOLIC FAITH MISSION IN ZIMBABWE

versus

ELIAS MOFFAT CHINYUKU

IN THE HIGH COURT OF ZIMBABWE

PHIRI J

HARARE, 13 October 2016 & 12 June 2018

Urgent Chamber Application : Reasons for the ruling

            PHIRI J: On the 13^th October, 2016 this court granted a provisional order couched in the following terms;

Interim Relief Granted

            That pending the confirmation or discharge of the provisional order, the following interim relief is granted:

1. “It be declared that the respondent as well as his agents be and are hereby interdicted from holding their convention in the name of applicant at Concension or at any other place in Zimbabwe as from the 14^th up to the 16^th of October 2016 until this application has been determined to finality.
2. The holding of any future church sessions, conventions or meetings under applicant’s name at the behest of the respondent or his agents be declared unlawful pending the finalization of this application.
3. The respondent be and is hereby barred from presenting or purporting to act as the General Secretary of applicant, either to its members or to members of the public pending the final determination of this case.
4. The wearing of the applicant’s green and pink uniform by members aligned to respondent or his agents at any other place in Zimbabwe without the authority of applicant’s current leaders be declared unlawful pending the final conclusion of this case.
5. The Sheriff of the High Court be and is hereby empowered to ensure that the respondent complies with the contents of this High Court order in full pending the final determination of this urgent chamber application.”

            This court has been asked to provide its reasons for the granting of that order and the following are the reasons.

The Court Application

            The court application was at the instance of the African Apostolic Faith Mission of Zimbabwe. Its founding affidavit was deposed by one Jona Ndalama Kapaiza, he icing duly authorised by the applicant’s interim mission board. The board was referred to as the applicant’s highest governing body.