THE TRUSTEES FOR THE TIME BEING OF TONGOGARA COMMUNITY SHARE OWNERSHIP TRUST v MATRIX REALTY PRIVATE LIMITED and ADDITIONAL SHERIFF GWERU

Key Issues

• {"issue_text":"Whether the urgent chamber application meets the requirements of urgency","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant became aware of judgment on 25 July 2017 and filed application on 27 July 2017, with property scheduled for removal on 28 July 2017"}
• {"issue_text":"Whether the application is fatally defective for failure to comply with Rule 241 of the High Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"The application was filed as a chamber application without using Form 29 with appropriate modifications"}
• {"issue_text":"Whether the application for rescission of judgment was filed out of time","issue_type":"procedural","dispositive":"yes","related_facts":"The rescission application was filed after the property was attached on 25 July 2017"}
• {"issue_text":"Whether stay of execution should be granted pending rescission of default judgment","issue_type":"mixed","dispositive":"yes","related_facts":"Community trust property was attached and faces sale in execution"}

Background