HEAD of the Anglican Church of the Province of Central Africa (CPCA), Bishop Chad Gandiya, has been accused of indiscriminately enforcing a recent Supreme Court order granting him authority to take over church properties by targeting anyone who served under defrocked bishop Nolbert Kunonga.
Report By CHARLES LAITON SENIOR COURT REPORTER
Daramombe High School boarding master Richard Itayi Jambo has since filed an urgent chamber application at the High Court seeking to bar Gandiya from evicting him from his residence at the school.
“The eviction is illegal and has not been sanctioned by the Supreme Court or this court. I have the right to stay at number 2 Daramombe High School as an employee of the second respondent (Anglican Diocese of Masvingo). There is no basis to include me in the omnibus eviction,” Jambo said.
Jambo cited CPCA, Anglican Diocese of Masvingo and Deputy Sheriff as the first, second and third respondents, respectively.
He further argued that the warrant of ejectment accompanying the notice of his eviction did not specify him as a defendant, “ . . . neither can it be interpreted to cover me as a person claiming occupation through Bishop Nolbert Kunonga, it being common cause that I am an employee of the second respondent”.
In his application, Jambo, represented by Matsikidze&Mucheche law firm, argued there was no basis for Gandiya to evict him from his home given that he had been employed under Anglican Diocese of Masvingo since 2000, well before the church’s wrangles started.
“There is no basis for the first respondent to evict me as its bona fide employee. I have not aligned myself with any of the defendant’s specified in the Supreme Court order, neither do I derive my occupation from the specified defendants since my appointment as a boarding master occurred in April 2000 prior to the feud which forms the subject of the Supreme Court order,” Jambo said.
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Jambo’s eviction, according to the warrant served on him on December 12, was due last Saturday.
He also submitted that during his stay at the school he was at one point demoted to caretaker level in February 2009, but managed to challenge the demotion through the Labour Court and was reinstated to his current position.
The matter is due to be heard by High Court judge Justice Antonia Guvava.
