Jonathan Dube v Siyaphumelela Collective Farming Co-operative Society Limited and Deputy Sheriff, Gwanda

Key Issues

• {"issue_text":"Whether the doctrine of res judicata applies to prevent this application","issue_type":"procedural","dispositive":"no","related_facts":"Same parties, same subject matter but different cause of action"}
• {"issue_text":"Whether the court is functus officio regarding the 2002 judgment","issue_type":"procedural","dispositive":"no","related_facts":"2002 judgment was complied with and satisfied"}
• {"issue_text":"Whether the relief sought is incompetent","issue_type":"procedural","dispositive":"no","related_facts":"Application seeks to prevent enforcement of satisfied judgment"}
• {"issue_text":"Whether the applicant has dirty hands","issue_type":"procedural","dispositive":"no","related_facts":"Applicant complied with 2002 judgment before returning cattle"}
• {"issue_text":"Whether Canaan Sibanda had authority to represent the 1st respondent","issue_type":"procedural","dispositive":"yes","related_facts":"No evidence of proper authorization from co-operative"}

Background