Aaron Nyarugwe v Dharwizi Transport (Private) Limited

Key Issues

• {"issue_text":"Whether the urgent application should be dismissed on points in limine regarding urgency, incomplete service, and similarity of interim and final relief","issue_type":"procedural","dispositive":"no","related_facts":"Parties agreed to argue on final relief basis, missing draft provisional order, similar interim and final relief"}
• {"issue_text":"Whether the applicant established a clear right to challenge the eviction on a balance of probabilities","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's occupation arrangement with Judith Mpofu, first respondent's expired lease, subletting arrangements"}
• {"issue_text":"Whether the applicant would suffer irreparable injury if evicted pending determination of rescission application","issue_type":"fact","dispositive":"yes","related_facts":"Flat used as dwelling, no claim for own use by first respondent, challenge would become meaningless if evicted"}
• {"issue_text":"Whether there is absence of similar protection by any other remedy","issue_type":"law","dispositive":"yes","related_facts":"First respondent's suggestion of damages claim and restoration application"}

Background