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Auxilia Katongomara Chronicle Reporter
OUSTED Apostolic Faith Mission of Africa (AFMA) overseer, Reverend Tony Tshuma, has filed a notice of appeal at the High Court in Bulawayo seeking to quash the court’s decision to bar him from taking over leadership of the church.

In his notice, which sets out the grounds of appeal, Rev Tshuma is challenging the whole judgment handed down by Justice Nokuthula Moyo on June 11 this year.

Dissatisfied with the court ruling, Rev Tshuma, who is represented by Majoko and Majoko law firm, states that Justice Moyo erred in handing down the judgment.

“The learned judge erred in law in failing to appreciate that there was no application before her more particularly in that the court application by which the applicant was brought was fatally defective in that; 1) while filed in the High Court in Bulawayo it called on respondents to enter opposition in Harare.

2) While the deponent to the founding affidavit described himself as the first applicant, he was not in the application cited at all. 3) The court application was not supported by any affidavit,” reads the notice of appeal.

Rev Tshuma further argues in the appeal that Justice Moyo erred in granting an order which was materially different from the draft order which was in the originating application served on the applicants when no amendment was neither sought nor granted.

“The court a quo erred in granting an order which was so vague and lacking in particularity. The court a quo erred in ordering costs against appellants on the punitive scale,” reads the notice.

The embattled leader in his appeal states that he seeks relief that the judgment of the court a quo be set aside and the respondent’s claim be dismissed, with costs on the scale as between the legal practitioner and client.

Rev Clement Nyathi, Rev James Fidelis Morris, Rev Joseph Matongo, Rev Abel Hele Mephulangogaja, Rev Phibion Manyowa, and the Apostolic Faith Mission of Africa were cited as the respondents in the appeal.

Rival camps in the AFMA pitting Reverends Tshuma and Nyathi have since 2013 been locked in a battle for the control of the church property.

There have been running battles as violence followed Justice Moyo’s order that the Nyathi faction should take charge of the church. The Tshuma camp refused to vacate the church saying Justice Kamocha ruled in their favour.

Rev Nyathi and his camp allegedly brought in hundreds of their members from as far as Mhondoro and Harare in hired buses for the confrontation.

Police last week shut down the church in Bulawayo’s Lobengula Extension suburb and turned away congregants that had come for prayers arguing that the move was necessary to save lives and property. The law enforcement agents ended up engaging in running battles with members from rival AFMA camps.

In the latest High Court ruling, Justice Moyo interdicted Rev Tshuma and his followers from interfering, visiting or using the church’s headquarters building, among other church assets.

Justice Moyo’s ruling followed a court application by Rev Nyathi who sought an interdict against Rev Tshuma from controlling church assets.

The group wants Rev Tshuma to vacate the church premises including a house in Bulawayo’s affluent Matsheumhlope suburb.

According to the judgment, Rev Tshuma is set to lose a luxury car, a Land Rover Discovery, among other vehicles bought for him by the church.

In the judgment Justice Moyo ordered the respondents to release and return the control of the church property to the applicants.

“The respondents and their agents are ordered to release and return the control of the church properties wherever situated to the applicants. They should surrender the church’s affairs and activities to the applicants forthwith,” the judge ruled.