Kennedy Godwin Mangenje v TBIC Investments (Private) Limited & 2 Ors

Key Issues

• {"issue_text":"Whether an application in terms of Rule 39 of the Supreme Court Rules can be made by way of chamber application","issue_type":"procedural","dispositive":"yes","related_facts":"Application was brought as chamber application before single judge"}
• {"issue_text":"Whether this application complied with Rule 39(4) of the Supreme Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"Application lacked required affidavits and supporting documents"}
• {"issue_text":"Whether this was an application for permission to approach the appeal judges rather than actual application under Rule 39(4)","issue_type":"procedural","dispositive":"no","related_facts":"Applicant claimed it was merely seeking permission to approach original judges"}
• {"issue_text":"Whether application to lead further evidence can be made after court has heard appeal and reserved judgment","issue_type":"procedural","dispositive":"no","related_facts":"Appeal had been heard and judgment reserved"}

Background