Sovereign Empowerment Centre Tutorial Trust and 3 Others v Old Mutual Investment Group Property Investment Zimbabwe (Pvt) Ltd and The Sheriff (N.O.)

Key Issues

• {"issue_text":"Whether the applications are urgent and have been treated with due urgency","issue_type":"procedural","dispositive":"yes","related_facts":"Imminent eviction scheduled for 27 September 2013, applications filed on urgent basis"}
• {"issue_text":"Whether the certificate of urgency complies with Rule 244 requirements","issue_type":"procedural","dispositive":"no","related_facts":"Certificate prepared by Benjamin Machengete stating reasons for urgency"}
• {"issue_text":"Whether deponents have authority to institute legal proceedings on behalf of applicants","issue_type":"procedural","dispositive":"yes","related_facts":"Second applicant produced only CR14 form instead of directors' resolution"}
• {"issue_text":"Whether applicants have locus standi","issue_type":"procedural","dispositive":"no","related_facts":"Third applicant is a church/universitas facing imminent harm"}
• {"issue_text":"Whether applicants come to court with clean hands","issue_type":"procedural","dispositive":"no","related_facts":"Applicants occupied property through War Veterans Association believing occupation was legitimate"}

Background