Aaron Nyarugwe v Dharwizi Transport (Private) Limited

Key Issues

• {"issue_text":"Whether the notice of opposition filed by 2nd respondent complied with rule 233(1) of the High Court Rules, 1971","issue_type":"procedural","dispositive":"no","related_facts":"Notice of opposition not addressed to applicant, served twice"}
• {"issue_text":"Whether 2nd respondent's heads of argument were filed in compliance with rule 59(20) of the High Court Rules, 2021","issue_type":"procedural","dispositive":"no","related_facts":"Heads filed before set-down date"}
• {"issue_text":"Whether this application constitutes a review requiring compliance with rule 259 of the High Court Rules, 1971","issue_type":"procedural","dispositive":"no","related_facts":"Applicant seeks to set aside Master's section 120 decision"}
• {"issue_text":"Whether applicant should have complied with section 52(9)(i) of the Administration of Estates Act requiring application within 30 days","issue_type":"procedural","dispositive":"no","related_facts":"Application filed more than year after Master's decision"}
• {"issue_text":"Whether the section 120 authority was properly issued and the sale was lawful","issue_type":"substantive","dispositive":"yes","related_facts":"Master allegedly did not conduct due inquiry, not all beneficiaries consulted"}
• {"issue_text":"Whether applicant can complain about the sale when he agreed to it at the meeting","issue_type":"substantive","dispositive":"yes","related_facts":"Applicant attended meeting and agreed to sale"}

Background