Penias Nyamwino v B. Gwafa and Saltana Enterprises (Private) Limited

Key Issues

• {"issue_text":"Whether or not the plaintiff has locus standi to evict the first defendant.","issue_type":"legal","dispositive":"yes","related_facts":"Plaintiff’s ownership claim, validity of sale agreement, judicial management status"}
• {"issue_text":"Whether or not first defendant has a valid agreement of cession in respect of Stand 7874 Belvedere West, Harare.","issue_type":"legal","dispositive":"yes","related_facts":"Sale from Kavande to Manala after repossession, Borm’s role, lack of director signatures"}
• {"issue_text":"Whether the agreement between the second defendant and the plaintiff is valid and if so whether it supersedes the one entered into by the first defendant and Travolta Jana.","issue_type":"legal","dispositive":"yes","related_facts":"Sale during judicial management, authority of second defendant, Mr Pahwaringira’s ownership claim"}
• {"issue_text":"If the answer to issue No. 3 is in the negative, whether second defendant should compensate the plaintiff and to what extent?","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff’s payment, market value of stand, second defendant’s misleading conduct"}

Background