Robert Nkomo v Tawedzera Sevenzai

Key Issues

• {"issue_text":"Whether the urgent application meets the requirements of urgency","issue_type":"procedural","dispositive":"no","related_facts":"Applicant became aware of sale advertisement 11 July 2022, main case pending since February 2022"}
• {"issue_text":"Whether applicant has established prima facie right to interim interdict protecting vehicle from sale","issue_type":"mixed","dispositive":"yes","related_facts":"Vehicle registered in applicant's name, respondent advertising for sale, main case pending"}
• {"issue_text":"Whether applicant will suffer irreparable harm if interim relief not granted","issue_type":"mixed","dispositive":"yes","related_facts":"Vehicle being advertised for sale, may be sold to third party before return date"}
• {"issue_text":"Whether balance of convenience favours granting interim relief","issue_type":"mixed","dispositive":"yes","related_facts":"Vehicle available if respondent succeeds, vehicle may be lost if applicant succeeds but no interdict granted"}

Background