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Harare High Court
CBZ Bank Limited v E.C.R. Mordt (Private) Limited & 4 Ors
HH 361-25
Case Details
Court
Harare High Court
Date
19 June 2025
Citation
HH 361-25
Neutral Citation
[2025] ZWHH 361
Outcome
unknown
Case Type
Application
Bench
Presiding
Dembure J
Full Bench
Dembure J
Areas of Law
Civil ProcedureBanking LawProperty Law
Keywords
Amendment of pleadingsCounterclaimDamagesEstoppelCurrency conversion
Tags
BankingPropertyAmendment of pleadings
legislation
Statutes Cited
- High Court Rules, 2021
- Constitutional Amendment No. 17 of 2005
- Finance (No. 2) Act of 2019
- Finance (No. 2) Act of 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the proposed amendments fundamentally alter the defence and counterclaim or merely clarify existing issues","issue_type":"procedural","dispositive":"yes","related_facts":"Original plea already pleaded estoppel; damages already claimed; currency obsolete"}
- {"issue_text":"Whether the five-year delay in seeking amendment demonstrates mala fides","issue_type":"procedural","dispositive":"no","related_facts":"Plea filed 2020, amendment 2025; delays in main action; rescission of default judgment"}
- {"issue_text":"Whether damages can be claimed and quantified in United States dollars","issue_type":"law","dispositive":"no","related_facts":"Original claim in obsolete local currency; Finance Act 2019 provisions"}
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background
Facts of the Case
Background
CBZ Bank sought to amend its plea and counterclaim in a civil action where plaintiffs claim cancellation of property sale agreements on grounds the property was state-acquired. The bank wants to clarify its defence of estoppel and quantify damages in USD rather than obsolete local currency.
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