Trynos Nkomo v Lionel Magumbe and Paul Walker and The Sheriff of Zimbabwe N.O and Realgate Properties (Pvt) Ltd

Key Issues

• {"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant was advised on 24 August 2020 of respondents' position but waited over a year to bring application"}
• {"issue_text":"Whether the application complies with Rule 60(1) of the High Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"Application was not in Form No. 23 as required for service on interested parties"}
• {"issue_text":"Whether the applicant made full payment of the judgment debt","issue_type":"mixed","dispositive":"no","related_facts":"Applicant paid $75,000 in local currency; respondents claim debt is foreign obligation"}
• {"issue_text":"Whether the applicant failed to disclose material information","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant did not disclose previous applications HC 3340/18 and interpleader proceedings regarding mining claims"}

Background