Court Slaps Defeated Assemblies of God Faction with Punitive Costs
A bitter ownership battle between two factions of the Assemblies of God church has ended with one side decisively losing in the High Court of Zimbabwe. The Assemblies of God — Back to God (AoG-BTG) was hit with punitive costs after it abruptly withdrew its lawsuit seeking to evict the Assemblies of God — Spiritual Movement (AoG-SM) from their shared headquarters in Marondera.
The dramatic withdrawal came mid-trial, right after the plaintiff’s key witness, Nathan Sethlako, was subjected to a rigorous cross-examination by the defendant’s counsel.
Withdrawal Follows Witness’s Concessions
AoG-BTG had filed the lawsuit in 2023, claiming exclusive rights to the property, Stand 2666T, Rujeko Township. Their claim rested on an alleged old lease agreement or agreement of sale with the Municipality of Marondera, which they could not produce in court, claiming it was lost.
However, the plaintiff’s case crumbled under scrutiny. During cross-examination, Sethlako had to concede that he had presented no evidence of correspondence with the Marondera City Council to recover copies of the crucial documents. Following this exposure of the case’s “fundamental weaknesses,” AoG-BTG made a surprise U-turn and advised the court it was withdrawing the summons due to “hurdles.”
Judge Slams “Abuse of Court Processes”
In a landmark ruling, Justice Regis Dembure granted the defendant’s request and awarded punitive costs against AoG-BTG.
The Judge noted that such higher-scale costs are reserved for special circumstances and were warranted by the plaintiff’s conduct. Justice Dembure observed that the plaintiff had been repeatedly warned in previous interlocutory judgments about the necessity of producing documentation to prove ownership but had continued with the case regardless.
“The judge warned litigants not to abuse court processes by causing unnecessary waste of its time, time of other citizens, and the time of the defendants.”
He concluded with a stern warning to church leaders and others, urging them to be sensible when contemplating litigation due to the significant costs involved. The award of punitive costs serves as a major defeat and a costly lesson for the Assemblies of God — Back to God faction.
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The post Assemblies of God Church Factions Spill to Court appeared first on iHarare News.
