The High Court has directed the United Methodist Church in Zimbabwe to halt construction of a church building in a residential area in Borrowdale.
High Court judge, Justice Priscilla Munangati-Manongwa ruled in favour of Borrowdale residents who dragged the church to court under case number HCH 2095/23.
The dispute started in 2016 when the residents approached the court seeking an order stopping the church from conducting its services in the area.
The residents argued that the Church was allocated land in a residential area where there is no designation for church activities.
The residents also submitted that the church did not have a permit to continue with the construction of its building without the requisite permits.
Court records indicate that the church bought a residential stand along Doveton Street in Borrowdale and later applied to the municipality for a change of use to a church.
The council environmental management committee approved the permit.
However, the Church could not construct its building within two years as stipulated in the permit until it expired.
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The Church made a renewal of the permit and was granted by the works and town planning committee, and building plans were allegedly submitted and approved.
The judge, however, said the town planning permit is not an authority or permission to operate.
"Permission/License to operate shall be obtained from the Director of Health Services upon fulfillment of his/her requirements as well as those of the chief fire officer," said Justice Munangati-Manongwa.
"The wording of the aforementioned permit is clear that, as far as permission or authority to operate is concerned, it is obtained upon fulfillment of certain requirements. "Nothing filed of record shows that such permission to conduct its church services was therefore acquired by the first respondent.
"From the wording of the aforementioned part of The Town Planning Permit, it is clear that what the first respondent acquired is a town planning permit, which explains why the Town Planning Permit is not definitive on the permission to operate."
The judge said the church was acting in a 'clear invasion of the applicants' rights.'
"The applicants' right to peaceful occupation of their houses having been infringed by the first respondent's unlawful conduct, an interdict is the appropriate remedy which can bar the first respondent from continuing its church activities which infringe on the applicants' rights," the Judge ruled.
"The balance of convenience weighs heavily in favour of the applicants given the first respondent's inconsiderate behavior of persisting with unauthorized activities," she said
Court documents show that the Church was set to comply with certain regulations, including having proper ablution services, a parking area, and water services to accommodate its congregants.
