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Harare High Court

African Banking Corporation of Zimbabwe Limited v Conduit Investments (Private) Limited and Givemore Chidhakwa and Phillemon Machana

HH 136-18

Case Details

Court
Harare High Court
Date
14 March 2018
Citation
HH 136-18
Neutral Citation
[2018] ZWHH 136
Outcome
unknown
Case Type
Trial

Bench

Presiding
Zhou J
Full Bench
Zhou J
Areas of Law
Banking LawContract LawProperty Law
Keywords
Banking facilityIndebtednessIn duplum scheduleSpecial executionSuretyship
Tags
BankingLoan AgreementSuretyshipMortgage
legislation
Statutes Cited
  • No statutes were cited in this judgment.
ai analysis
Case Summary

Key Issues

  • {"issue_text":"What is the correct amount owed by the defendants to the plaintiff?","issue_type":"mixed","dispositive":"yes","related_facts":"Banking facilities totaling US$108,750; in duplum schedule showing US$124,027.05; defendants' admission of US$80,599.10"}
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background
Facts of the Case

Background

The plaintiff bank claimed payment of US$124,027.05 from the first defendant company and its sureties (second and third defendants) under banking facilities consisting of asset finance and overdraft facilities. The defendants admitted owing only US$80,599.10 and counterclaimed for US$142,000, but later withdrew the counterclaim.
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