Tigerenashe Mushava v Norah Jena and Sheriff-Harare

Key Issues

• {"issue_text":"Whether the opposing affidavit should be struck out due to lack of authority of the deponent","issue_type":"procedural","dispositive":"no","related_facts":"The opposing affidavit was deposed to by Hillary Panganayi Jena under a special power of attorney"}
• {"issue_text":"Whether the applicant would suffer undue hardship if execution is not suspended","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant is unemployed with five dependents occupying the only residence"}
• {"issue_text":"Whether the applicant's offer to settle the debt is reasonable","issue_type":"mixed","dispositive":"yes","related_facts":"Offer of US$1000 per month increasing to US$5000 from April 2018"}
• {"issue_text":"Whether the writ of execution is valid given the property is jointly owned","issue_type":"law","dispositive":"no","related_facts":"Property registered in joint names, wife not a judgment debtor"}
• {"issue_text":"Whether the order being enforced is for a specific monetary amount","issue_type":"law","dispositive":"no","related_facts":"Order requires payment equivalent to market value, no specific amount stated"}

Background