Martin Matinyanya v The Trustees of the Harare Home Industry Association Trust

Key Issues

• {"issue_text":"Whether trustees were properly cited as \"Trustees of Harare Home Industry Association Trust\"","issue_type":"procedural","dispositive":"no","related_facts":"Trust is not a legal persona; trustees have capacity to sue"}
• {"issue_text":"Whether arbitration clause in Memorandum of Understanding ousted court jurisdiction","issue_type":"procedural","dispositive":"no","related_facts":"Appellant was not party to the Memorandum of Understanding"}
• {"issue_text":"Whether non-joinder of City of Harare was fatal to the application","issue_type":"procedural","dispositive":"no","related_facts":"City of Harare's rights not affected by the interdict"}
• {"issue_text":"Whether all requirements for a final interdict were established","issue_type":"mixed","dispositive":"yes","related_facts":"Clear right from Memorandum of Understanding; injury occurred; no adequate alternative remedy"}

Background