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Harare High Court
Antioch Kuraone v Phineas Chihota
HH 5-2012
Case Details
Court
Harare High Court
Date
19 January 2012
Citation
HH 5-2012
Neutral Citation
[2012] ZWHH 5
Outcome
unknown
Case Type
Application
Bench
Presiding
Patel J
Full Bench
Patel J
Areas of Law
Contract LawBanking & Finance
Keywords
loan agreementexceptio non numeratae pecuniaeextrinsic evidencecontract interpretation
Tags
loan agreementexceptio non numeratae pecuniaecontract interpretation
legislation
Statutes Cited
- No statutes were cited in the judgment.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondent can invoke exceptio non numeratae pecuniae despite having signed a loan agreement acknowledging receipt of money","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent signed agreement stating money received; respondent claims never received money; applicant failed to prove payment"}
- {"issue_text":"Whether extrinsic evidence can be considered to interpret the loan agreement","issue_type":"law","dispositive":"no","related_facts":"Loan agreement part of larger transaction involving Mabuwa and Wallace Laboratories; applicant's contemporaneous documents"}
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background
Facts of the Case
Background
The applicant claimed US$40,000 from the respondent under a loan agreement dated 31 August 2010. The respondent denied receiving the money and raised the exceptio non numeratae pecuniae defence, arguing the money was actually lent to Wallace Laboratories (Pvt) Ltd through its Managing Director Mabuwa, and that he was duped into signing the agreement.
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