APOSTOLIC Faith Mission in Zimbabwe (AFM) headed by Amon Madawo has gone after suspended church pastor, Panganayi Makarichi demanding return of a top of the range vehicle the cleric was given by the church before the split.
Makarichi allegedly got dismissed on allegations of plotting a coup against Madawo.
Madawo was declared legitimate leader of the church recently by the Supreme Court following a drawn-out tussle for control of the religious institution with his rival Cossam Chiangwa.
AFM has filed an application demanding the return of an Isuzu KB currently being driven by Makarichi arguing the latter had no authority to hold on to the church's property.
In an affidavit by Briton Tembo, AFM says the car should have been returned long back.
"This is an application for a vindicatory relief compelling Makarichi to surrender to the applicant its motor vehicle, an Isuzu KB 300 Double cab truck following the termination of the respondent's employment with the church sometime in December 2018," said Tembo.
"Makarichi has been in possession since the split of the church in 2018 to date.
"He was enjoying the use of the said motor vehicle due to the just ended litigation in AFM SC67/21.
"Furthermore, the respondent has no basis to continue holding on to the motor vehicle which belongs to AFM.
"He has already vacated the church mission house meaning he is aware that he should hand over all the possessions of the church to it.
"Due to the respondent's illegal possession of the motor vehicle, the applicant has been unnecessarily forced to incur litigation expenses thus the applicant prays that the respondent be ordered to pay costs on a scale of legal practitioner-client."
Makarichi was dismissed from the church on allegations of not showing the side he belonged to between the rival factions of the church.
A letter attached to the court application says his offence was to publicly announce his position.
"It was through your own confession that you publicly told your congregants that you are neither aligned to the Chiangwa group nor the AFM group which is currently being led by Rev Madawo. In other words, you said you are sitting on the fence. That act of conduct is inconsistent with the fulfilment of the express or implied conditions of your contract as it contravenes sections 1.41, 1.42.2 and 1.4.6 of the constitution of AFM... "
Further reads the letter, "It was proved beyond reasonable doubt that your sitting on the fence and failure to obey lawful instructions from the constitutionally elected leadership of AFM caused disharmony, confusion and unwelcome destabilisation to your assembly."
He was also accused of not taking part in elections to choose the church leadership, a national event which was supposed to be attended by all the churches' pastors in Zimbabwe.
He was further accused of plotting a coup against Madawo, among other things.
The current application is yet to be heard.