Kismet Butchery (Pvt) Limited v Dorris Machingambi & 2 Ors

Key Issues

• {"issue_text":"Whether the application was urgent","issue_type":"procedural","dispositive":"no","related_facts":"First respondent began moving cattle on 5 October 2017, application filed on 8 October 2017"}
• {"issue_text":"Whether there was proper joinder of parties (Master, Executor, Ministers)","issue_type":"procedural","dispositive":"no","related_facts":"First respondent raised preliminary objections about non-joinder"}
• {"issue_text":"Whether the requirements for an interim interdict were met","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant claimed cattle ownership, cattle were being moved, irreparable harm alleged"}
• {"issue_text":"Whether the applicant established a prima facie right to the cattle at Townlands Farm","issue_type":"mixed","dispositive":"yes","related_facts":"Company leased the farm, paid rentals, but stock cards in deceased's name"}

Background