Watermount Estates (Private) Limited & Another v Christopher Wesley Tande & Others

Key Issues

• {"issue_text":"Whether the applicants should be granted condonation for non-compliance with Rule 70(2) and extension of time to apply for reinstatement of the appeal","issue_type":"procedural","dispositive":"yes","related_facts":"The appeal was deemed abandoned due to non-compliance with security for costs rules; delay was due to attempt to clarify legal grey area"}
• {"issue_text":"Whether the applicants have reasonable prospects of success on appeal","issue_type":"law","dispositive":"yes","related_facts":"Lower court found no locus standi due to second applicant's lack of director status and failure to disclose material facts"}
• {"issue_text":"Whether the citation against Mr Taruvinga should be upheld","issue_type":"procedural","dispositive":"no","related_facts":"Allegations of improper conduct in withdrawing applications; Mr Taruvinga acted under mandate from Watermount"}
• {"issue_text":"Whether the second applicant has locus standi to represent the first applicant","issue_type":"law","dispositive":"yes","related_facts":"Second applicant's status as director/shareholder is contested; he filed separate suit to regain status; CR14 excludes him"}

Background