In December 2013, the first respondent sold stand 4379 Norton Township of Knowe to the applicant for $20,000. When the first respondent attempted to resile from the agreement, the applicant obtained a court order (HC 4412/14, judgment HH 783/15) from Makoni J on 30 September 2015, ordering the first respondent to sign transfer documents. Despite this order, the first respondent entered into another agreement with the second respondent on 7 October 2015, selling the same property for $34,000. Transfer was effected to the second respondent who obtained title deeds. The applicant then issued summons (HC 263/16) seeking to set aside the transfer to the second respondent. After the second respondent entered appearance and filed a plea, the applicant launched an application for summary judgment, believing the second respondent had no bona fide defence and was merely delaying proceedings.