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Harare High Court

African Banking Corporation of Zimbabwe Limited t/a Banc ABC versus Townsend Enterprises (Private) Limited and Raymond Harry Townsend and Patricia Luisa Townsend and Matthew Brett Tambling and Ivon James Guy Hudson and Jenniffer Anne Hudson

HH 488-18

Case Details

Court
Harare High Court
Date
19 July 2018
Citation
HH 488-18
Neutral Citation
[2018] ZWHH 488
Outcome
unknown
Case Type
Opposed Application

Bench

Presiding
Muzofa J
Full Bench
Muzofa J
Areas of Law
Contract LawBanking LawCommercial Law
Keywords
Deed of settlementDefaultInterest calculationChamber applicationContract interpretation
Tags
BankingContract InterpretationDeed of SettlementDefault Judgment
legislation
Statutes Cited
  • NONE
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether default on single payment under clause 2.1 triggers acceleration clause 6 allowing judgment for entire balance","issue_type":"law","dispositive":"yes","related_facts":"Deed of settlement clauses 2.1, 2.2, 6 and 7"}
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background
Facts of the Case

Background

The plaintiff bank and defendants entered into a deed of settlement in case HC4000/17, where defendants agreed to pay US$400,000 by 31 January 2018 and US$200,000 by 30 June 2018. Defendants failed to pay the first installment, leading plaintiff to seek judgment for the full amount of US$600,000 plus interest under clause 6 of the deed.
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