HARARE - The battle between two Johanne Marange Apostolic Church’s brothers who lead separate factions is far from over, after claims that the matter was improperly withdrawn from court.
According to court papers, the two men at the centre of the dispute, Clemence Momberume and his brother Noah Taguta are fighting over two tins of water, three pots, two wooden boxes containing glasses and a tea pot, 11 priestly garments, seven pieces of church clothing and eight church belts.
The matter appeared resolved after Momberume, who is represented by Thabani Mpofu, allegedly withdrew the court proceedings through his aide Israel Ruwoko.
Momberume however, claims he did not make such a directive, putting the long-standing battle to another possible protracted court process.
The church had to approach the Supreme Court, seeking an order supporting that the withdrawal was above board.
Ruwoko’s lawyer, Tendai Mberi, denied that her client made instructions for the matter to be withdrawn.
Ray Goba, who is representing Johanne Marange church, yesterday told judges Elizabeth Gwaunza, Bharat Patel and Anne-Marie Gowora that the matter had dragged for nine years before being finalised.
He said, since his client successfully applied for rescission of a default judgment, Momberume had not taken any steps to pursue the matter with the courts, before the filing of the withdrawal notice in 2009.
Goba said he believed the withdrawal instruction came directly from Momberume, since Ruwoko had been acting on behalf of him from the beginning.
“In that regard, the facts are clear that the second appellant (Ruwoko) was working on instructions from Respondent (Momberume),” said Goba.
He told the court that the matter should be put to finality.
However, Mpofu said his client had not withdrawn the court case, claiming the church and Ruwoko were working together.
He told the court that Ruwoko, a former chief priest with Momberume’s faction, later defected during the year that the matter was withdrawn. Mpofu said Ruwoko was fighting a cause.
The Supreme Court reserved ruling yesterday.
The two church factions are involved in a protracted battle, which resulted in the jailing of 10 members belonging to Taguta’s faction, after their appeal failed to find favour in the High Court, following a funeral brawl in 2001.