Mashudu Netsianda Senior Court Reporter
A BULAWAYO businessman and one-time proprietor of Green Gables High School, formerly Elite High School, is locked in a protracted legal wrangle with the Apostolic Faith Church (AFC) over the ownership of property at the school.
The school at the centre of controversy was established by Maxwell Shumba in 1999, but the institution was evicted following a fallout with the Pelandaba-headquartered church after defaulting in rentals.
AFC cancelled the lease agreement with Shumba after obtaining an eviction order that was granted in 2009 by the High Court. Elite High School was then evicted by the Deputy Sheriff. Green Gables High School opened in January 2010 and started using the same premises.
Shumba, who had a 20-year lease, successfully sought a provisional order at the High Court in March, seeking to return to the premises, claiming the church established Green Gables High using Elite High School facilities.
The High Court then directed the Apostolic Faith Church to move out of the Green Gables Farm on which the school is situated. However, AFC through their lawyer, Sindiso Mazibisa subsequently launched an appeal against the provisional order to the Supreme Court, a move that automatically suspended the lower court order.
Shumba, through his lawyer, Job Sibanda, also filed a request with the High Court, seeking leave to execute the provisional order to evict the church from the farm, pending determination of the church’s Supreme Court appeal against the order.
But, Bulawayo High Court judge, Justice Nokuthula Moyo yesterday dismissed Shumba’s application.
Justice Moyo said since both parties had pending appeals against each other at the Supreme Court over the dispute, they should wait for the outcome of the matter.
“The dispute between the parties is primarily the same, but it’s been brought to this court on different platforms. It’s my view that both parties have appeals pending against each other at the Supreme Court over this dispute,” said Justice Moyo.
“In my view, it’s imperative upon either of the two parties, to seek to have the pending appeals heard and finalised at the Supreme Court so that the matter is settled once and for all. The party that will ultimately emerge victorious will then proceed to execute against the other,” she said.
The judge said in the interest of justice, she was of the view that instead of filing applications and counter applications against each other, the two feuding parties should wait for the Supreme Court ruling.
“The parties have an equal interest and an equal hardship. It’s for this reason that in the interest of justice, they should now, in all earnest seek to finalise their appeals at the Supreme Court so that there can be closure in this matter, once and for all. I’m thus unable to grant the application and accordingly it is dismissed with costs,” ruled Justice Moyo.
According to court papers, Shumba sought a court order to evict AFC from Green Gables Farm, also known as the remaining extent of Subdivision B of Dustal Farm, while the church’s appeal was being heard at the Supreme Court.
In its appeal, seeking to have the High Court judgment set aside, AFC argued that Justice Lawrence Kamocha erred in granting the provisional order, without any notice on Green Gables which has been occupying the property for five years.