George Graham Warren Kileff and Peter Samuel Warren Kileff and Graham Kileff 1st Family Trust and Graham Kileff 2nd Family Trust v Tendai Kandawasvikwa and Onias Gumbo and Tinashe Kandawasvikwa and Tendai Kandawasikwa and The Registrar of Companies and Minister of Lands, Agriculture, Fisheries, Water, Climate and Rural Resettlement

Key Issues

• {"issue_text":"Whether the claim is prescribed under Prescription Act","issue_type":"procedural","dispositive":"yes","related_facts":"Claim instituted in 2023, applicants aware of changes by 2016"}
• {"issue_text":"Whether Simon Burr had authority to represent family trusts","issue_type":"procedural","dispositive":"yes","related_facts":"No trust resolution or proof of appointment produced"}
• {"issue_text":"Whether Hazel Kileff's affidavit is competent given lack of personal knowledge","issue_type":"procedural","dispositive":"yes","related_facts":"She became involved only in 2017, events occurred 2009-2015"}
• {"issue_text":"Whether CR14 was fraudulently filed without applicants' consent","issue_type":"mixed","dispositive":"no (not reached on merits)","related_facts":"2009 resignation letter, delay in filing CR14, shareholding changes"}

Background