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Harare High Court
Afrasia Bank Limited v Drummond Ranching (Private) Limited & 7 Ors
HH 237-17
Case Details
Court
Harare High Court
Date
3 April 2017
Citation
HH 237-17
Neutral Citation
[2017] ZWHH 237
Outcome
unknown
Case Type
Application
Bench
Presiding
Zhou J
Full Bench
Zhou J
Areas of Law
Banking LawCivil Procedure
Keywords
absolution from the instancefacility agreementcertificate of indebtednessmortgage bondsprovisional sentence
Tags
absolution from the instanceprovisional sentencefacility agreementmortgage bonds
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there was sufficient evidence upon which a court might reasonably find for the plaintiff at the close of the plaintiff's case","issue_type":"procedural","dispositive":"yes","related_facts":"Evidence of facility agreement, access to facility, mortgage bonds, certificate of indebtedness"}
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background
Facts of the Case
Background
The plaintiff bank instituted proceedings by way of summons for provisional sentence claiming payment of US$2,506,132.86 plus interest and costs. The claim arose from a facility agreement of US$1,800,000 extended to the first defendant with other defendants liable based on securities given. After the plaintiff led evidence from one witness and closed its case, the defendants applied for absolution from the instance.
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