High Court settles church row

Fidelis Munyoro-Chief Court Reporter

THE High Court has ordered a faction of the Gospel of God Church, 1932, to surrender keys to a church building in Bulawayo after ruling that the property belongs to a separate entity, Gospel of God Church.

Bulawayo High Court judge Justice Naison Chivayo found that the registered title to Stand 30234, Entumbane Township, was held by The Gospel of God Church and ordered the respondents to hand over the keys within 24 hours of being served with the order.

The court also barred the respondents from interfering with worship activities at the premises.

The judgment brings to the fore a long-running dispute between rival factions, both of which base their religious beliefs and practices on the teachings of the late founder, Baba Johanne Masowe Shonhiwa Masedza.

The dispute centred on whether “Gospel of God Church” and “Gospel of God Church, 1932” were separate legal entities or merely different names used by factions of the same church. The respondents argued that there was only one church, with the applicants constituting a breakaway faction.

They further claimed that the church’s property was vested in its trustees and challenged the applicants’ reliance on a title deed which, they said, had previously been reported lost.

The respondents told the court that a certified replacement copy of the title deed had subsequently been issued to the national leadership in 2021 after the loss had been publicly gazetted without objection.

They also admitted locking the Entumbane premises and taking the keys, but maintained that the action was intended to preserve administrative and doctrinal unity within the church.

The applicants, however, maintained that they were the registered owners of the property and had been unlawfully excluded from their place of worship.

They said the respondents had taken the keys from a security guard, locked the sanctuary and left for Harare, forcing them to erect a temporary tent outside the building to conduct services.

Justice Chivayo rejected the respondents’ argument that the two church entities were one and the same.

He pointed to the different names used by the parties, their separate constitutions and differences in their organisational structures.

The court also noted that the applicants’ constitution referred to Gospel of God Church, while the constitution relied upon by the respondents referred to Gospel of God Church, 1932.

The court found that the first applicant and first respondent were, therefore, distinct entities for purposes of the proceedings.

More importantly, Justice Chivayo found that Deed of Transfer No. 4091/2000 identified “THE GOSPEL OF GOD CHURCH” as the owner of Stand 30234.

“The registered title resides in the first applicant,” the judge said.

The court rejected the contention that the dispute contained material factual conflicts that could not be resolved through motion proceedings.

Justice Chivayo found that the applicants had established a direct legal interest in the property and were entitled to approach the court for declaratory relief in terms of section 14 of the High Court Act (Chapter 7:06).

The court also dismissed an objection challenging the authority of Thomas Mupanemunda to institute proceedings on behalf of the first applicant. A resolution dated September 7, 2025, authorising him to act for the church was produced during the proceedings.

The court made no order as to costs.

The applicants were represented by Messrs Tanaka Law Chambers, while Messrs Mashizha, Mutukwa & Sambo represented the first to third respondents.

Source: High Court settles church row – herald

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