Ticha Brian Chikasha v Abisha Njani and Bishop Enterprises (Private) Limited and Perpetua Njani

Key Issues

• {"issue_text":"Whether the applicant is barred from filing a replication for failure to file within the time stated in Rule 40.","issue_type":"procedural","dispositive":"no","related_facts":"Failure to file replication within 12 days"}
• {"issue_text":"Whether the applicant was in willful default.","issue_type":"fact","dispositive":"yes","related_facts":"Draft replication dated 6 September 2023; filing of replication for third respondent"}
• {"issue_text":"Whether the failure to address prospects of success is fatal to the application.","issue_type":"law","dispositive":"no","related_facts":"Founding affidavit did not address prospects of success"}
• {"issue_text":"Whether the respondents would suffer prejudice if the bar is removed.","issue_type":"fact","dispositive":"no","related_facts":"Pleadings closed; matter ready for pre-trial conference"}

Background