Kudakwashe Allan Murape and Marbel Tarubva Zvinaiye Murape v Muchaneta Chatambudza and The Sheriff of Zimbabwe

Key Issues

• {"issue_text":"Whether applicants should be granted leave to execute judgment pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"First respondent not in occupation, appeal challenges factual finding on mental capacity"}
• {"issue_text":"Whether appeal has reasonable prospects of success","issue_type":"mixed","dispositive":"yes","related_facts":"Appeal challenges factual finding on mental capacity, numerous witnesses not called"}
• {"issue_text":"Whether irreparable harm would result if leave not granted","issue_type":"mixed","dispositive":"no","related_facts":"Applicants paid purchase price in 2006, first respondent receiving rentals"}
• {"issue_text":"Whether balance of convenience favors granting leave","issue_type":"mixed","dispositive":"no","related_facts":"Ten years of rental income to first respondent, applicants seeking enjoyment of property"}

Background