ZAKEYO MEREKI v BELL IN (PVT) LTD and THE DEPUTY SHERIFF HARARE (N.O)

Key Issues

• {"issue_text":"Whether the applicant is in contempt of court for filing the application before being served with the previous order","issue_type":"procedural","dispositive":"no","related_facts":"The applicant filed counter-application before being served with the provisional order obtained by 1st respondent"}
• {"issue_text":"Whether the matter is res judicata due to the previous provisional order","issue_type":"procedural","dispositive":"no","related_facts":"1st respondent obtained provisional order evicting applicant; applicant seeks suspension of that order"}
• {"issue_text":"Whether the applicant has established a basis to suspend the earlier provisional order","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's offer letter, expiry of 90-day notice period, Constitutional Amendment No. 17"}
• {"issue_text":"Whether re-issued offer letters after Constitutional Amendment No. 17 are valid","issue_type":"law","dispositive":"yes","related_facts":"Offer letter dated 10th November 2005 issued after Constitutional Amendment"}
• {"issue_text":"Whether the applicant is entitled to evict the 1st respondent","issue_type":"law","dispositive":"yes","related_facts":"Applicant's occupation rights vs 1st respondent's former ownership"}

Background