Brian Davies v Floyd Ambrose and The Officer Commanding Zimbabwe Republic Police – Matabeleland North Province

Key Issues

• {"issue_text":"Whether the applicant should be granted leave to execute the court order pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant has court order; respondent raised points in limine"}
• {"issue_text":"Whether the points in limine (non-disclosure and dirty hands) should succeed","issue_type":"procedural","dispositive":"no","related_facts":"Respondent alleges material non-disclosure"}
• {"issue_text":"Whether there are reasonable prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Order is a default judgment; no appeal lies against default judgment"}
• {"issue_text":"Whether the applicant has shown irreparable harm","issue_type":"mixed","dispositive":"no","related_facts":"Applicant unlawfully dispossessed; paragraphs 16-17 of founding affidavit"}

Background