Published: 17 December 2018

JOHANE Masowe Echishanu Nyenyedzi Nomwe Church has approached the High Court challenging an order given to expelled church members empowering them to be the rightful owners of a housing co-operative founded by the church.

Church leader Herbert Senda challenged the order, which he said was fraudulently obtained by the expelled members through their legal practitioners, Macharaga and Mugiya.

In his opposing affidavit for the order, Senda submitted that the applicants, who are still using the church's name Johane Masowe Echishanu Nyenyedzi Nomwe Housing Co-operative, were ordered by the High Court to summon the respondents, but they forged the return of a service document to make it appear as if the summons had been served in a bid to secure a default judgment.

The housing co-operative, which is the brainchild of the church, was allocated land in Budiriro by the Local Government ministry for church members, but Senda said the applicants were selling the residential stands to non-church members.

"The deponent of the applicants' founding affidavit and his gang unlawfully sold stands to various individuals, when they had no authority in respect of the land they sold. As a result, the unfortunate buyer failed to obtain occupation of the land," Senda submitted.

The member had no prima facie right to the relief that was granted in default, as there was no authority that had been produced in connection with the land.

The church has since written a letter to the police, notifying them of the wrangle.

"I wish to inform you that there is currently a court order under HC 9919/18 that was obtained by fraud, and seeking to evict some members of the church. In aiding your law enforcement mandate, I wish to bring it to your attention so that may any incident arise, you are informed. Furthermore, the court order identifies the wrong property, and on that basis, the church members are entitled to remain on the property," read the letter to the police.

The hearing is set for today at the High Court.
- newsday