TREVIGLO SERVICES (PVT) LTD t/a TADA TEAK AND IRON v EMMERSON GWATIDZO and THE SHERIFF/DEPUTY SHERIFF

Key Issues

• {"issue_text":"Whether the applicant has established urgency for the application","issue_type":"procedural","dispositive":"no","related_facts":"Attachment of property on 5 and 15 April 2013; application filed on 17 April 2013"}
• {"issue_text":"Whether the application has been overtaken by events","issue_type":"procedural","dispositive":"no","related_facts":"Some goods removed but not all"}
• {"issue_text":"Whether the application is based on a nullity due to late rescission application","issue_type":"procedural","dispositive":"no","related_facts":"Applicant filed rescission application within time limits"}
• {"issue_text":"Whether the relief sought is vague and incompetent","issue_type":"procedural","dispositive":"no","related_facts":"Relief uses standard Form 29C wording"}
• {"issue_text":"Whether execution should be stayed pending rescission application","issue_type":"mixed","dispositive":"yes","related_facts":"Calculation error admitted; legal practitioner negligence; irreparable harm"}

Background