Tony Renato Sarpo v Wayne Williams and Regis Maburitse and Matebeleland Engineering (Private) Limited

Key Issues

• {"issue_text":"Whether the application is urgent.","issue_type":"procedural","dispositive":"yes","related_facts":"Delay between cause of action (June 2016) and application (February 2017); police investigation."}
• {"issue_text":"Whether there was material non-disclosure by the applicant.","issue_type":"procedural","dispositive":"no","related_facts":"Failure to disclose outcome of liquidation application HC 9207/16."}
• {"issue_text":"Whether the final order is fatally defective because it is the same as the provisional order.","issue_type":"procedural","dispositive":"no","related_facts":"Comparison of terms in final and provisional orders."}
• {"issue_text":"Whether the applicant has established a clear right to an interdict.","issue_type":"law","dispositive":"yes","related_facts":"Applicant's ownership of assets; constitutional property rights."}
• {"issue_text":"Whether there is a well-grounded apprehension of irreparable harm.","issue_type":"law","dispositive":"yes","related_facts":"Threats of harm by second respondent; risk of disposal of property."}
• {"issue_text":"Whether the balance of convenience favors granting the interdict.","issue_type":"law","dispositive":"yes","related_facts":"Applicant's need to retrieve assets vs. respondents' claim of need for audit."}
• {"issue_text":"Whether there is no other satisfactory remedy.","issue_type":"law","dispositive":"yes","related_facts":"Police declined to assist; liquidation application is a separate proceeding."}

Background