Ivy Rupande v C M Grobellar & 2 Ors

Key Issues

• {"issue_text":"Whether the doctrine of res judicata applies where criminal proceedings resulted in eviction order and civil proceedings are later instituted for same eviction","issue_type":"procedural","dispositive":"no","related_facts":"Criminal conviction and eviction order in 2013; civil eviction proceedings in 2017"}
• {"issue_text":"Whether plaintiff was required to exhaust internal remedies by registering criminal court eviction order instead of instituting fresh civil proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Existence of criminal court eviction order; plaintiff chose civil proceedings instead"}
• {"issue_text":"Whether there was material non-disclosure affecting plaintiff's right to institute proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Magistrates Court order of 30 June 2017 dismissing Prosecutor General's condonation application"}
• {"issue_text":"Whether proceedings should be stayed on grounds of lis pendens due to parallel Bulawayo High Court application","issue_type":"procedural","dispositive":"yes","related_facts":"First defendant's HC 3126/17 application at Bulawayo High Court; plaintiff not cited in those proceedings"}

Background