Chenjerai Travolta Jana v Takunda Gungurukwa

Key Issues

• {"issue_text":"Whether the 2nd respondent was automatically barred for filing opposing papers out of time","issue_type":"procedural","dispositive":"yes","related_facts":"2nd respondent served on 16 December 2003, dies expired 5 January 2004, filed 21 January 2004"}
• {"issue_text":"Whether the 1st respondent's opposing papers are properly before court when deposed to by unauthorized person","issue_type":"procedural","dispositive":"yes","related_facts":"A. Kasi deposed to affidavit without proper authorization from 1st respondent"}
• {"issue_text":"Whether 1st and 2nd respondents are barred for filing heads of arguments 7 months late","issue_type":"procedural","dispositive":"yes","related_facts":"Served with heads 14 May 2004, filed 16 December 2004, rule 238(2a) requires 10 days"}
• {"issue_text":"Whether damages claim can be pursued through application proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant seeks damages equivalent to property's market value"}
• {"issue_text":"Whether damages should be quantified at time of judgment rather than time of delict","issue_type":"law","dispositive":"yes","related_facts":"Applicant seeks damages at current market value"}

Background