AFM faction led by reverend Cossam Chiangwa has argued in its notice of appeal against the High Court decision that the High Court made some mistakes in its judgment.
The appeal follows a ruling by High Court judge Justice David Mangota which declared that Bishop Aspher Madziyire, who leads the other group, was the rightful head of the church.
The judgment also granted Bishop Madziyire’s camp, nicknamed “Reformists” by Bishop Chiangwa’s side, with the authority to use and control the church’s assets.
Justice Mangota also ruled that Rev Chiangwa’s side would have to ask for permission from Rev Madziyire’s side (declared rightful head of the church) to use the church premises and assets.
In a twist of events, Rev Chiangwa’s side revealed in their notice of appeal that they want the side led by Rev Madziyire and or Rev Madawu now to return all the church assets and stop using the name when conducting business.
Rev Chioangwa’s camp contended in its notice of appeal that the High Court erred by failing to realise that the process used by the side led by Rev Madziyire to adopt the new Constitution was unprocedural. Part of the notice read:
The High Court grossly erred in finding that the new constitution adopted by the second and the eighth respondents was not renunciation of the AFM constitution when the said constitution was not placed before the court by the respondents who had no onus to place it before the court.
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