Reverend Tony Tshuma & Anor v Nyathi (HB 142 of 2017; HC 833 of 2016) [2017] ZWBHC 142 (31 May 2017)

3 HB 142/17 HC 833/16 REVEREND TONY TSHUMA And REVEREND ELLIOT NCUBE Versus CLEMENT NYATHI And JOSEPH MATONGO And ABEL HELE MEPHULANGOGAJA And PHIBION T. MANYOWA And APOSTOLIC FAITH MISSION OF AFRICA And THE CHIEF REGISTRAR And THE SHERIFF OF THE HIGH COURT And THE ADDITIONAL SHERIFF, BULAWAYO IN THE HIGH COURT OF ZIMBABWE KAMOCHA J BULAWAYO 31 MAY 2017 Ruling on application for removal of the case from the roll T. Masiye-Moyo for the applicants N. Mugiya for the respondents KAMOCHA J: This is an application for the removal of this matter from the roll which is based on an order of this court granted on 10 October, 2016 which reads thus: “It is ordered that:- The matter be and is hereby removed from the roll to enable the parties to seek a consolidation of all the matters involving this church dispute.” The parties in that matter were: Reverence Clement Nyathi and Apostolic Faith Mission of African as applicants versus seven church members namely Chance Nhanga, Mthandazo Sibanda, Teddy Ndlovu, Oscar Ndlovu, Tracy Ncube, Memory Ncube and Mthokozisi Sibindi. Mr N. Mugiya represented the two applicants while Mr T. Masiye-Moyo represented the seven respondents. In the present matter Mr T. Masiye-Moyo represents the two applicants namely Reverend Tony Tshuma and Reverend Elliot Ncube while Mr N. Mugiya represents eight respondents namely:- Clement Nyathi, Joseph Matongo, Abel Mephulangogaja, Phibion T. Manyowa, Apostolic Faith Mission of Africa, The Chief Registrar, The Sheriff of the High Court of Zimbabwe and The Additional Sheriff, Bulawayo. It admits of no doubt that this matter relates to a dispute involving the Apostolic Faith Mission of Africa. It is being brought to court before any attempt has been made by the parties to consolidate all matters involving the Apostolic Faith Mission of Africa Church for reasons only known to the parties themselves. The order of this court is still extant. No attempt has been made to seek an appeal against that order. Yet, sadly the same legal practitioners who appeared for the litigants when the order was granted have brought matters or at least one matter to court in defiance of the court order. That was highly improper. It is obviously unlikely that they brought to the attention of the trial judge the extant order. They were not candid with the court. The parties should seek to consolidate matters involving Apostolic Faith Mission of Africa Church in the best possible manner bearing in mind that there are about forty such matters. That appeared to be common cause. In the result this matter is hereby removed from the roll pending its consolidation with other matters involving Apostolic Faith Mission of Africa Church. Masiye-Moyo & Associates, applicants’ legal practitioners Mugiya & Macharaga Law Chambers, respondents’ legal practitioners 3 HB 142/17 HC 833/16 3 HB 142/17 HC 833/16 REVEREND TONY TSHUMA And REVEREND ELLIOT NCUBE Versus CLEMENT NYATHI And JOSEPH MATONGO And ABEL HELE MEPHULANGOGAJA And PHIBION T. MANYOWA And APOSTOLIC FAITH MISSION OF AFRICA And THE CHIEF REGISTRAR And THE SHERIFF OF THE HIGH COURT And THE ADDITIONAL SHERIFF, BULAWAYO IN THE HIGH COURT OF ZIMBABWE KAMOCHA J BULAWAYO 31 MAY 2017 Ruling on application for removal of the case from the roll T. Masiye-Moyo for the applicants N. Mugiya for the respondents KAMOCHA J: This is an application for the removal of this matter from the roll which is based on an order of this court granted on 10 October, 2016 which reads thus: “It is ordered that:- The matter be and is hereby removed from the roll to enable the parties to seek a consolidation of all the matters involving this church dispute.” The parties in that matter were: Reverence Clement Nyathi and Apostolic Faith Mission of African as applicants versus seven church members namely Chance Nhanga, Mthandazo Sibanda, Teddy Ndlovu, Oscar Ndlovu, Tracy Ncube, Memory Ncube and Mthokozisi Sibindi. Mr N. Mugiya represented the two applicants while Mr T. Masiye-Moyo represented the seven respondents. In the present matter Mr T. Masiye-Moyo represents the two applicants namely Reverend Tony Tshuma and Reverend Elliot Ncube while Mr N. Mugiya represents eight respondents namely:- Clement Nyathi, Joseph Matongo, Abel Mephulangogaja, Phibion T. Manyowa, Apostolic Faith Mission of Africa, The Chief Registrar, The Sheriff of the High Court of Zimbabwe and The Additional Sheriff, Bulawayo. It admits of no doubt that this matter relates to a dispute involving the Apostolic Faith Mission of Africa. It is being brought to court before any attempt has been made by the parties to consolidate all matters involving the Apostolic Faith Mission of Africa Church for reasons only known to the parties themselves. The order of this court is still extant. No attempt has been made to seek an appeal against that order. Yet, sadly the same legal practitioners who appeared for the litigants when the order was granted have brought matters or at least one matter to court in defiance of the court order. That was highly improper. It is obviously unlikely that they brought to the attention of the trial judge the extant order. They were not candid with the court. The parties should seek to consolidate matters involving Apostolic Faith Mission of Africa Church in the best possible manner bearing in mind that there are about forty such matters. That appeared to be common cause. In the result this matter is hereby removed from the roll pending its consolidation with other matters involving Apostolic Faith Mission of Africa Church. Masiye-Moyo & Associates, applicants’ legal practitioners Mugiya & Macharaga Law Chambers, respondents’ legal practitioners