Anderson Manja and 98 Others v Sheriff of Zimbabwe (2) Gurta Mining AG

Key Issues

• {"issue_text":"Whether the court a quo erred in upholding the claimant's claim to the property","issue_type":"mixed","dispositive":"yes","related_facts":"Board Resolution, lack of sale agreement, contradictory Ministry letters, lease agreements"}
• {"issue_text":"Whether the second respondent failed to prove ownership on a balance of probabilities","issue_type":"law","dispositive":"yes","related_facts":"Prima facie case, burden of proof, evidence produced"}
• {"issue_text":"Whether there was connivance between judgment debtor and second respondent to defeat execution","issue_type":"fact","dispositive":"yes","related_facts":"Andrew Lawson's dual role, lack of payment proof, lease agreements"}
• {"issue_text":"Whether the court a quo erred by shifting burden of proof to appellant","issue_type":"law","dispositive":"yes","related_facts":"Prima facie case establishment, onus of proof"}
• {"issue_text":"Whether costs should have been awarded on attorney-client scale","issue_type":"law","dispositive":"no","related_facts":"Conduct of parties, basis for punitive costs"}

Background