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Fidelis Munyoro Chief Court Reporter—

A Methodist Church pastor could have received a “blessing” from God after he won a lawsuit against a congregant who had seized his 14 head of cattle and held onto more than $5 000 in a botched residential stand deal.Chivhu-based Pastor Paul Karanda had issued summons in the High Court against Ms Gladys Svosve claiming his cattle and $5 840, which he paid towards the purchase of Stand 1234 Northwood, Chivhu.

The civil suit came after Ms Svosve sold the stand to a third party despite the existence of an agreement of sale she signed with Pastor Karanda.

After disposing of the stand to the third party, Ms Svosve then cancelled the agreement with the clergyman accusing him of failing to fulfil the terms of the contact.

However, in her assessment of the parties’ entire testimony, Justice Jester Charewa came to the conclusion that Pastor Karanda’s case had more coherence and amply supported by documents and the testimony of the witnesses, which Ms Svosve failed to impugn.

The judge ordered Ms Svosve to pay back the clergyman all he had paid for the residential stand.

“The defendant be and is hereby ordered to pay to the plaintiff the sum of $5 840,” ruled Justice Charewa.

“The defendant be and is hereby ordered to return to the plaintiff 14 bovines, within 14 days of the date of service of this judgment, failing which the defendant be and is hereby ordered to pay plaintiff the sum of $7 100.”

The lawsuit arose in March 2013, when the parties entered into an agreement of sale whereby Ms Svosve sold, and Pastor Karanda purchased the residential stand in Chivhu for $30 000.

In terms of the agreement, the payment was to be made partly in cash and partly by the cattle.

After realising that he was failing to adhere to the agreement, Pastor Karanda wanted the deal cancelled.

However, Ms Svosve engaged the mediation of the parties’ bishop to ensure that the pastor discharged his oblig- ations.

It was agreed that the clergyman would make undetermined cash payments as and when he could, into Ms Svosve’s bank account.

As a result the man of God paid several sums to the tune of $5 840 between May 2013 and September the same year.

He also delivered 14 cattle.

in November the same year, Ms Svosve sold the property to a third party allegedly for $22 500.

The question to determine was whether such termination was lawful to allow Ms Svosve to retain the purchase price or prevent Pastor Karanda from claiming a refund.

In her ruling Justice Charewa found the termination of the contract unlaw- ful.

“The defendant herself testified that she did not give notice to or cancel the contract but felt constrained to abide by the outcome of the mediation of the church,” said Justice Charewa.

She therefore made a finding that in failing to give 14 days’ notice of intention to cancel the agreement, Ms Svosve terminated the contract unlawful.