AFM Wins High Court Battle Over Mbare Property

High Court of Zimbabwe building in Harare

HARARE – Apostolic Faith Mission in Zimbabwe (AFM) has secured a decisive legal victory in a long-running property dispute after the High Court of Zimbabwe granted summary judgment in its favour. In a ruling delivered by Justice Joel Mambara, the court dismissed claims by a rival faction calling itself the Apostolic Faith Mission of Zimbabwe and six others, describing their repeated litigation as “vexatious” and without merit.

Dispute Over Mbare Stand

At the centre of the case was stand number 12921 Salisbury Township Lands, measuring 3 045 square metres and also known as 12921 Chaminuka Street in 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. They relied on the alleged existence of a notarial trust deed appointing different trustees. They also argued that both parties were affiliates of an international church body and that the litigation had not been properly authorised.

Court Rejects Defence

Justice Mambara rejected the arguments, ruling that the identity of AFM in Zimbabwe, its governance structures, and ownership of its properties had already been conclusively determined by previous judgments of both the High Court and the Supreme Court of Zimbabwe. The judge described the attempt to separate the applicant from AFM in Zimbabwe as “artificial and untenable,” noting that the courts had repeatedly pronounced on who constitutes the church and who holds its properties.

“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,” Justice Mambara said.

The court also dismissed reliance on an unspecified notarial deed, observing that no such document was produced and no trustees were identified. There was no evidence to show how the alleged deed could override the church’s constitution or previous binding rulings.

No Genuine Issue for Trial

On the issue of authority, the court accepted that AFM in Zimbabwe’s constitution provides for the establishment of a trust to hold church property, with certain office bearers automatically becoming trustees by virtue of their positions, a structure already recognised by the courts.

Justice Mambara ruled that there was no genuine issue requiring a full trial and warned against abusing court processes to reopen matters that have already been settled.

Summary judgment was granted, barring the respondents from asserting any right, title, or interest inconsistent with the applicant’s ownership of the Mbare property. The court also ordered the respondents to pay costs on the higher attorney-and-client scale.

“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,” Justice Mambara stated.

AFM Zimbabwe Mbare property dispute