TRANSEARTH CA (PRIVATE) LTD v THOMAS JOHN RENSBURG and SHERIFF OF ZIMBABWE

Key Issues

• {"issue_text":"Whether the matter is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Timing of application, when applicant became aware of judgment, scheduled removal of property"}
• {"issue_text":"Whether the founding affidavit is fatally defective","issue_type":"procedural","dispositive":"no","related_facts":"Commissioner of oaths stamp error, lack of board resolution"}
• {"issue_text":"Whether the applicant is barred and has no right of audience","issue_type":"procedural","dispositive":"no","related_facts":"Default judgment entered, applicant barred"}
• {"issue_text":"Whether the interim relief sought is competent","issue_type":"procedural","dispositive":"no","related_facts":"Stay of execution vs removal of property"}
• {"issue_text":"Whether there are prospects of success in the rescission application","issue_type":"mixed","dispositive":"yes","related_facts":"Application brought under wrong rule, legal practitioners' mistake, delay in filing plea"}

Background