Caleb Dengu & Caleb Dengu Family Trust v Eastern & Southern African Trade & Development Bank t/a PTA Bank & 2 Ors

Key Issues

• {"issue_text":"Whether mortgage bond for ZW$50 million secured entire US$585,000 loan amount","issue_type":"mixed","dispositive":"no","related_facts":"Mortgage bond amount vs loan amount, clause 8.1 of loan agreement"}
• {"issue_text":"Whether appellants were bound by loan agreement terms as surety and co-principal debtors","issue_type":"law","dispositive":"yes","related_facts":"First appellant's admission in declaration, nature of suretyship"}
• {"issue_text":"Whether valid cession of rights occurred from first to second respondent","issue_type":"law","dispositive":"no","related_facts":"Payment by second respondent, correspondence between respondents"}
• {"issue_text":"Whether tender of ZW$50 million constituted valid payment","issue_type":"mixed","dispositive":"no","related_facts":"Currency of disbursement requirement, HC 1791/2006 order"}

Background