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Court gives Kunonga ally the boot

The Supreme Court has dealt a body blow to Bishop Elson Jakazi’s bid to control the Anglican Diocese of Manicaland after dismissing his notice to appeal a lower court ruling that he had no right to cling onto church property because he voluntarily resigned.

BY OUR STAFF

The ruling by Justice Vernanda Ziyambi means that he can be evicted once the Anglican Church of the Province of Central Africa (CPCA) led by Chad Gandiya gets an eviction order from the courts.

Last year, High Court judge Justice Chinembiri Bhunu dismissed an application by Jakazi to bar the bishop for Manicaland from doing his duties, saying that the applicant had left the CPCA.

Jakazi, an ally of Zanu PF sympathiser Nolbert Kunonga, then appealed to the Supreme Court where his notice was seen as defective and struck off the roll.

He made a fresh notice to reinstate the appeal.

In a ruling last week, Ziyambi dismissed the application arguing that Jakazi had no merit.

“What this means is that the Supreme Court has taken a view that there is no prospects of Jakazi’s success in the matter,” CPCA’s lawyer Raymond Moyo said yesterday.

Asked whether he expected Jakazi to surrender the properties, Moyo said: “From experience, we don’t expect that to happen. We have to go back to the High Court and get the eviction order.”

Moyo said Ziyambi had dismissed the appeal on the grounds that Jakazi had not given a good explanation why the embattled bishop had failed to follow the rules of the court which resulted in the application being struck off the roll.

Ziyambi also ruled that there was no merit to proceed with the case as the arguments being raised were the same as those raised in a similar matter at the Supreme which Kunonga lost.

In 2007, Kunonga and his allies broke ranks with the CPCA alleging that the church was supporting homosexuality.

Kunonga then formed the Anglican Church of the Province of Zimbabwe but continued using Anglican’s properties until he was evicted by the courts last year.

Central Africa (CPCA) led by Chad Gandiya, gets an eviction order from the courts.

Last year, High Court judge Justice Chinembiri Bhunu dismissed an application by Jakazi to bar the bishop for Manicaland from doing his duties, saying that the applicant had left the CPCA.

Jakazi, an ally of Zanu PF sympathiser Nolbert Kunonga, then appealed to the Supreme Court where his notice was seen as defective and struck off the roll.

He made a fresh notice to reinstate the appeal.

In a ruling last week, Ziyambi dismissed the application, arguing that Jakazi had no merit.

“What this means is that the Supreme Court has taken a view that there is no prospects of Jakazi’s success in the matter,” CPCA’s lawyer Raymond Moyo said yesterday.

Asked whether he expected Jakazi to surrender the properties, Moyo said: “From experience, we don’t expect that to happen. We have to go back to the High Court and get the eviction order.”

Moyo said Ziyambi had dismissed the appeal on the grounds that Jakazi had not given a good explanation on why the embattled bishop had failed to follow the rules of the court which resulted in the application being struck off the roll.

Ziyambi also ruled that there was no merit to proceed with the case, as the arguments being raised were the same as those raised in a similar matter at the Supreme which Kunonga lost.

In 2007, Kunonga and his allies broke ranks with the CPCA alleging that the church was supporting homosexuality.

Kunonga then formed the Anglican Church of the Province of Zimbabwe, but continued using Anglican’s properties until he was evicted by the courts last year.

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