UNITIME INVESTMENTS (PRIVATE) LIMITED v ASSETFIN (PRIVATE) LIMITED and ONIYAS GUMBO and RUTH RUNYARARO GUMBO and WADZANAYI BERNICE CHIRIMA and LAZARUS TAKAWIRA CHIWESHE and SIKANGEZILE CHIWESHE and GUTU & CHIKOWERO LEGAL PRACTICE and THE REGISTRAR OF DEEDS

Key Issues

• {"issue_text":"Whether the application should be dismissed due to material disputes of fact that cannot be resolved on the papers.","issue_type":"procedural","dispositive":"yes","related_facts":"Conflicting versions on validity of agreements, authority of representatives, payment of purchase price, and nature of court order in HC 6475/03."}
• {"issue_text":"Whether the applicant's claim has prescribed.","issue_type":"procedural","dispositive":"no","related_facts":"Transactions occurred between 2002 and 2006; application launched in 2019."}
• {"issue_text":"Whether the failure to serve the application on the first to third respondents renders it defective.","issue_type":"procedural","dispositive":"no","related_facts":"Respondents filed opposing papers despite alleged lack of service."}
• {"issue_text":"Whether the answering affidavits were filed irregularly after heads of argument.","issue_type":"procedural","dispositive":"no","related_facts":"Heads of argument filed before answering affidavits for some respondents."}

Background