Brian Andrew Cawood v Elasto Madzingira and The Messenger of Court – Mwenezi N.O.

Key Issues

• {"issue_text":"Whether the urgent chamber application was properly before the court","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 2 February 2017, eviction order granted 25 November 2016"}
• {"issue_text":"Whether the relief sought was competent in an urgent application","issue_type":"procedural","dispositive":"yes","related_facts":"Interim relief identical to final relief sought"}
• {"issue_text":"Whether the messenger of court was exceeding the scope of the eviction order","issue_type":"mixed","dispositive":"no","related_facts":"Execution included structures beyond 224m2 homestead"}
• {"issue_text":"What was the proper interpretation of \"homestead\" in the eviction order","issue_type":"mixed","dispositive":"no","related_facts":"Lease agreement and map depicted cluster of buildings"}

Background