Mary J Mazhude and Tendai Celani Mazhude v Honoratio Nilo Fernandes and Ramis Trading (Pvt) Ltd and George Mazhude and Messenger of Court

Key Issues

• {"issue_text":"Whether the magistrate erred in finding the property specially executable when it was allegedly already disposed of","issue_type":"procedural","dispositive":"no","related_facts":"Allegation that property was sold before court order"}
• {"issue_text":"Whether the magistrate should have referred the matter to trial for oral evidence","issue_type":"procedural","dispositive":"no","related_facts":"Dispute over property ownership, need for cross-examination"}
• {"issue_text":"Whether the magistrate misdirected himself regarding ownership presumption based on location","issue_type":"mixed","dispositive":"no","related_facts":"Property found at judgment debtor's residence, family relationship"}
• {"issue_text":"Whether the magistrate erred in rejecting registration books as proof of ownership","issue_type":"law","dispositive":"no","related_facts":"Motor vehicle registration documents tendered"}

Background