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Harare High Court

Aaron Nyarugwe v Dharwizi Transport (Private) Limited

HH 127-17

Case Details

Court
Harare High Court
Date
17 May 2017
Citation
HH 127-17
Neutral Citation
[2017] ZWHH 127
Outcome
unknown
Case Type
Trial

Bench

Presiding
DUBE J
Full Bench
DUBE J
Areas of Law
Money Lending and Interest Rates ActContract Law
Keywords
Interest ratePrescribed rateWritten agreementStatutory compliance
Tags
Money LendingInterest RatesContract Law
legislation
Statutes Cited
  • Money Lending and Interest Rates Act
  • Money Lending and Interest Rates Act
  • Money Lending and Interest Rates Act
  • Prescribed Rates of Interest Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"In circumstances where the lender is not a registered money lender for the purposes of the Act, and where he has entered into an oral agreement for the advance of money to a borrower, is the lender legally entitled to charge interest at the rate of 4%?","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff advanced money at 4% per month interest; Plaintiff not registered; Oral agreement; Document signed after loan"}
  • {"issue_text":"If not, what rate of interest is the lender entitled to claim?","issue_type":"law","dispositive":"yes","related_facts":"Same as above"}
  • {"issue_text":"Whether the document signed by the defendant meets the requirements of Section 14(1) of the Money Lending and Interest Rates Act","issue_type":"law","dispositive":"yes","related_facts":"Document signed 3 years after loan advancement; Signed by borrower alone; Not dated"}
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background
Facts of the Case

Background

The plaintiff, a businessman, advanced various sums of money to the defendant, also a businessman, during 2010-2011 based on an oral agreement with 4% monthly interest. The plaintiff was not a registered money lender. A document acknowledging the debt and interest rate was signed by the defendant three years after the loan was advanced. The plaintiff sued for the outstanding balance plus interest at 4%, while the defendant argued the interest rate was illegal under the Money Lending Act.
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