Yvonne Chisese v Alluvial Exploration Services (Private) Limited

Key Issues

• {"issue_text":"Whether the applicant's legal practitioner had proper authority to swear to the founding affidavit","issue_type":"procedural","dispositive":"no","related_facts":"The respondent contended the legal practitioner had no power of attorney and the facts were not within her personal knowledge."}
• {"issue_text":"Whether the applicant validly cancelled the lease agreement","issue_type":"law","dispositive":"yes","related_facts":"The applicant wrote a letter on 21 December 2009 stating she was taking possession due to breach. The respondent claimed the applicant waived cancellation by accepting late payments."}
• {"issue_text":"Whether the applicant frustrated the respondent's tender of rental payments","issue_type":"fact","dispositive":"no","related_facts":"The respondent claimed incorrect banking details and changed payment mode caused difficulties. The applicant denied this."}
• {"issue_text":"Whether there are serious material disputes of fact requiring action proceedings","issue_type":"procedural","dispositive":"no","related_facts":"The respondent claimed disputes existed. The applicant disputed this."}

Background