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Bulawayo High Court
Arenel (Pvt) Ltd v Form Pac (Pvt) Limited & 3 Ors
HB 20/19
Case Details
Court
Bulawayo High Court
Date
14 February 2019
Citation
HB 20/19
Neutral Citation
[2019] ZWHB 20
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKONESE J
Full Bench
MAKONESE J
Areas of Law
Commercial LawCivil Procedure
Keywords
summary judgmentacknowledgment of debtloan agreementindividual guarantycause of action
Tags
summary judgmentacknowledgment of debtloan agreementguarantee
legislation
Statutes Cited
- Money Lending and Rates of Interest Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a summary judgment application can be granted when it is based on a different cause of action than that pleaded in the summons","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's summons based on loan agreement; summary judgment based on acknowledgment of debt"}
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background
Facts of the Case
Background
The applicant sought summary judgment against respondents for US$45,057.54 allegedly owed under an acknowledgment of debt. The respondents opposed, arguing the application was based on a different cause of action (acknowledgment of debt) than that pleaded in the summons (loan agreement). The court found the applicant's founding affidavit fatally defective as it relied on a different cause of action than pleaded in the summons.
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