Afrasia Bank Limited v KS Trust & Anor

[2018] ZWSC 39

Analyze with AI

Case Details

Court

Supreme Court

Date

2018

Citation

[2018] ZWSC 39

Judgment No.

SC 39/18

Outcome

unknown

Case Type

Appeal

Bench

Presiding

ZIYAMBI AJA

Full Bench

GUVAVA JAUCHENA JAZIYAMBI AJA

Areas of Law

Commercial LawInsolvency LawContract Law

Keywords

Banking liquidationContract of saleSpecific performanceVoidable dispositionVoidable preference

Key Issues

{"issue_text":"Whether the non-citation of interested parties was fatal to the application","issue_type":"procedural","dispositive":"no","related_facts":"Second purchaser allegedly existed but not cited"}
{"issue_text":"Whether the sale agreement constituted a voidable disposition under s 213(c) of the Companies Act","issue_type":"mixed","dispositive":"yes","related_facts":"Disposition made before liquidation order"}
{"issue_text":"Whether the transaction was a voidable or undue preference under the Insolvency Act","issue_type":"mixed","dispositive":"yes","related_facts":"No evidence bank was unable to pay debts"}

This summary was generated by AI. Use Zalari to read the full judgment.

background

Facts of the Case

Background

A bank in liquidation appealed against a High Court order compelling it to transfer property to a trust pursuant to a sale agreement concluded before liquidation. The Supreme Court dismissed the appeal, finding the disposition was made before liquidation and was not a voidable preference.

Read the full judgment, get AI analysis, and find related cases

Open in Zalari →

Zalari is Zimbabwe and Southern Africa's leading AI-powered legal research platform, built by DeepCounsel and powered by Nyamaropa Technologies. Search Zimbabwe Supreme Court and High Court case law instantly, get AI-generated answers with full source citations, and access the most comprehensive corpus of Zimbabwean and Southern African jurisprudence available online. Zalari is the go-to legal AI platform for attorneys, advocates, law students, judges, and corporate counsel across Zimbabwe and South Africa — delivering faster research, smarter insights, and a competitive edge in legal practice. Zalari does not provide legal advice. Always consult a qualified legal practitioner for advice specific to your situation. © 2026 DeepCounsel — a legal technology company democratising access to legal knowledge in Africa.