Pasi Chitsiko and Shadreck Zimba and Alois Zimba v Bergus Investments (Pvt) Limited

Key Issues

• {"issue_text":"Whether the court a quo erred in dismissing preliminary points regarding deponent's authority","issue_type":"procedural","dispositive":"no","related_facts":"Form CR6 showed deponent is director; court referred to attached documents"}
• {"issue_text":"Whether there were material disputes of fact incapable of resolution on papers","issue_type":"procedural","dispositive":"yes","related_facts":"Both parties claimed peaceful possession; conflicting affidavits"}
• {"issue_text":"Whether requirements for mandament van spolie were satisfied","issue_type":"mixed","dispositive":"yes","related_facts":"Dispute over who had peaceful possession; whether spoliation occurred"}
• {"issue_text":"Whether final interdict was properly granted","issue_type":"law","dispositive":"no","related_facts":"Court granted interdict without considering requirements; respondent conceded paragraphs 3-4 should be struck"}

Background