High Court Interdicts United Methodist Church Over Unlawful Property Use in Borrowdale

The High Court of Zimbabwe, in a judgment delivered by Justice Munangati Manongwa, has issued an interim order prohibiting the United Methodist Church from continuing to host services and other functions at its property located at Number 9, Doveton Road, Borrowdale, Harare.

This decision follows a protracted legal battle spanning more than 15 years between the Church and neighboring residents.

Residents of Doveton Avenue filed an application seeking to block the church from using its property for services and other events. They claimed these activities have led to significant disruptions in the community, including congestion, roadblocks, noise, and disturbances from late-night services. They also alleged that events at the church attract vendors, exacerbating the problems.

The court heard that the United Methodist Church began its activities on the Borrowdale property in 2006 without obtaining the required permits for church services or for utilizing the space for other events.

Responding to concerns, officials from the City of Harare had previously advised the church to cease activities until it had secured approval. Although the church received a Town Planning Permit in 2017, the court ruled that this permit did not authorize the property’s use as a worship space or a place for gatherings. The church’s refusal to seek an operating permit or to provide evidence of such a permit, as demanded by residents, led to the legal proceedings.

For its part, the church claimed it had received a change of usage permit, which it asserted allowed its operation. The court, however, found that the Town Planning Permit did not equate to an operating license. Additionally, the court ruled that the applicants’ claim was not barred by the Prescription Act, as the violations were ongoing, and the basis for the action arose after they were informed of the church’s continued illegal operations.

Justice Munangati Manongwa emphasized that the residents had a right to the peaceful enjoyment of their homes and that their rights were being violated by the church’s activities. Furthermore, the judgment noted that the church’s insistence on functioning without proper authorization was a violation of the residents’ rights.

In addition, the church was ordered to pay the costs of the lawsuit.