The Trustees Commercial Federation of Manicaland Trust v City of Mutare and Minister of Local Government and Public Works

Key Issues

• {"issue_text":"Whether an application instituted by a non-existent legal entity can be amended to substitute a different entity.","issue_type":"procedural","dispositive":"yes","related_facts":"The main application was filed by a non-existent trust; the current application seeks to substitute a different trust."}
• {"issue_text":"Whether the applicant has locus standi to amend the pleadings of a non-existent entity.","issue_type":"procedural","dispositive":"yes","related_facts":"The deponent to the affidavit claims authority from a non-existent entity."}
• {"issue_text":"Whether the court should award costs on a higher scale (legal practitioner and client).","issue_type":"procedural","dispositive":"no","related_facts":"The applicant persisted with the application after being alerted to the fatal defect."}

Background