Metwax Properties (Pvt) Ltd v Abisha Njani

Key Issues

• {"issue_text":"Whether procedural defects in notice of opposition should result in respondent being barred","issue_type":"procedural","dispositive":"no","related_facts":"Notice of opposition not in form 29A, filed on 26 September 2011"}
• {"issue_text":"Whether Down Town Petroleum should be regarded as a respondent despite not being formally joined","issue_type":"procedural","dispositive":"no","related_facts":"Down Town Petroleum cited as respondent but not joined per Rule 85"}
• {"issue_text":"Whether late service of heads of argument should bar respondent from proceeding","issue_type":"procedural","dispositive":"no","related_facts":"Heads filed 19 January 2012, served 16 February 2012"}
• {"issue_text":"Whether eviction should be granted given pending litigation over ownership","issue_type":"mixed","dispositive":"yes","related_facts":"HC 9689/11 pending joinder application, HC 10124/11 pending ownership dispute"}

Background