Gilbert Jonga v Nyasha Chabata

Key Issues

• {"issue_text":"Whether the High Court can determine defects in an appeal before the Supreme Court","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's appeal noted in SC 771/16"}
• {"issue_text":"Whether applicant approached court with dirty hands by violating eviction order","issue_type":"procedural","dispositive":"no","related_facts":"Applicant returned to farm after eviction"}
• {"issue_text":"Whether non-joinder of Minister of Lands is fatal to the application","issue_type":"procedural","dispositive":"no","related_facts":"Minister not cited as party"}
• {"issue_text":"Whether applicant has alternative remedy to interdict","issue_type":"procedural","dispositive":"no","related_facts":"Possibility of damages claim"}
• {"issue_text":"Whether requirements for interdict are satisfied","issue_type":"mixed","dispositive":"yes","related_facts":"Prima facie right, injury occurred, no alternative remedy"}

Background