Fungai Tsikwa v Mushawedu Housing Cooperative Society and Emmanuel Muchenedzi

Key Issues

• {"issue_text":"Whether the court a quo erred in finding that the application for stay of proceedings was res judicata when no such application had been made before","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant's special plea of lack of jurisdiction was dismissed; later application for stay was also dismissed on basis of res judicata"}
• {"issue_text":"Whether a special plea for jurisdiction is the same as an application for stay of proceedings","issue_type":"law","dispositive":"yes","related_facts":"Court a quo equated the two different procedural applications"}
• {"issue_text":"Whether the court a quo erred in not finding that trial could not proceed fairly given pending review application","issue_type":"procedural","dispositive":"no","related_facts":"Review application allegedly pending in High Court regarding Registrar's determination"}

Background