Prospect Lithium Zimbabwe (Pvt) Ltd v Douglas James Henwood and Kingston Tabvana Kajese and Thornvlei Farming Enterprises (Pvt) Ltd

Key Issues

• {"issue_text":"Whether applicant provided reasonable explanation for delay in filing appearance to defend and plea","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant sought legal advice and attempted to involve 2nd respondent"}
• {"issue_text":"Whether application for upliftment of bar was bona fide","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant filed application promptly, expressed serious concern about large claim"}
• {"issue_text":"Whether applicant was guilty of reckless or intentional disregard of court rules","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant sought legal advice and attempted to arrange defence"}
• {"issue_text":"Whether applicant's case was obviously without foundation","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant claims cause of action is vague, will raise illegality defence, not party to agreement"}
• {"issue_text":"Whether 1st respondent would be prejudiced beyond rectification by costs order","issue_type":"procedural","dispositive":"yes","related_facts":"1st respondent complained of delay but didn't specify irremediable prejudice"}

Background