Willing Shoko v Belia Zibowa and Others

Key Issues

• {"issue_text":"Whether the applicant has established exceptional circumstances to justify the granting of leave to file a further affidavit out of sequence.","issue_type":"procedural","dispositive":"yes","related_facts":"The documents were in existence and in the possession of the applicant's legal practitioners when the initial opposing affidavit was filed; the main application is ripe for hearing."}
• {"issue_text":"Whether the applicant provided a satisfactory explanation for the failure to include the documents in his initial opposing affidavit.","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant claims he did not have subjective knowledge of the documents; the documents were prepared by his own legal practitioners."}
• {"issue_text":"Whether the documents sought to be introduced are relevant and necessary for the fair determination of the main application.","issue_type":"procedural","dispositive":"no","related_facts":"The documents relate to the sale and transfer of the property which is the subject of the main application."}

Background