Webster Tongoona Rushesha (in his capacity as legal guardian of Panashe Ralph Rushesha and Tivonge Sacha Rushesha) and Rasar Investments (Private) Limited v Alexious Mashingaidze Dera and Zimcor Trustees Limited and Frank Buyanga and Boka Investments (Private) Limited and Matthew Boka and The Registrar of Deeds

Key Issues

• {"issue_text":"Whether the recusal of the presiding judge should be granted","issue_type":"procedural","dispositive":"no","related_facts":"Application by fourth and fifth defendants based on judge's prior representation of a party in a different matter"}
• {"issue_text":"Whether the sale of shares was valid or a disguised loan (pactum commissorium)","issue_type":"mixed","dispositive":"yes","related_facts":"First defendant's testimony regarding loan security vs. written agreement of sale"}
• {"issue_text":"Whether the sale and transfer of the immovable property to the fourth defendant is valid","issue_type":"law","dispositive":"yes","related_facts":"Validity of the underlying share transfer"}
• {"issue_text":"Whether the plaintiffs have a claim for damages regarding structural alterations","issue_type":"fact","dispositive":"yes","related_facts":"Evidence of alterations (tennis court removal)"}
• {"issue_text":"Whether the fourth defendant has a lien over the property","issue_type":"law","dispositive":"yes","related_facts":"Expenditure on improvements by fourth defendant"}

Background