National Association of the Deaf t/a Zimbabwe National Association of the Deaf v Sandybeds Investments (Private) Limited and Odar Housing Development Consortium and The Sheriff of High Court and Officer Commanding Police, Harare Province, Zimbabwe Republic Police N.O and Minister of Local Government and Public Service (Sic)

Key Issues

• {"issue_text":"Whether the urgent chamber application was properly certified and whether the certificate of urgency was defective.","issue_type":"procedural","dispositive":"no","related_facts":"Certificate dated 11 September 2020 but affidavit dated 7 November 2022; applicant’s explanation of typographical error."}
• {"issue_text":"Whether the applicant committed material non-disclosure by failing to disclose the first respondent’s ownership and the Constitutional Court settlement.","issue_type":"procedural","dispositive":"no","related_facts":"Ownership by first respondent; settlement in CC51/13; applicant’s knowledge."}
• {"issue_text":"Whether the applicant has a substantial interest in the matter and locus standi to bring the application.","issue_type":"procedural","dispositive":"no","related_facts":"Applicant’s occupation; construction of school; lease agreement."}
• {"issue_text":"Whether the matter was urgent and whether the applicant acted promptly.","issue_type":"procedural","dispositive":"no","related_facts":"Date of notice (2 Nov 2022); date of application; scheduled ejectment (7 Nov 2022)."}
• {"issue_text":"Whether the applicant established a prima facie right, well-grounded apprehension of irreparable harm, absence of other remedy, and that balance of convenience favours it.","issue_type":"mixed","dispositive":"yes","related_facts":"Occupation since 2012; construction of school; ownership; pending joinder application."}

Background