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Harare High Court
Central Africa Building Society v Ephison Simbarashe Ndahwi
HH-18-2010
Case Details
Court
Harare High Court
Date
3 February 2010
Citation
HH-18-2010
Neutral Citation
[2010] ZWHH 18
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKARAU JP
Full Bench
MAKARAU JP
Areas of Law
Banking LawCivil Procedure
Keywords
summary judgmentmortgageloanamendmentpleadings
Tags
summary judgmentmortgage bondloan agreementamendment of pleadings
legislation
Statutes Cited
- High Court Rules 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff can amend pleadings during summary judgment proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff discovered claimed amount was incorrectly calculated"}
- {"issue_text":"Whether incorrectly stated claim can be basis for summary judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Verifying affidavit stated incorrect interest amount"}
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background
Facts of the Case
Background
Plaintiff sued defendant for US$52,579.51 under a loan agreement and mortgage bond. Plaintiff applied for summary judgment but sought to amend the claimed amount during the hearing, increasing interest from $579.51 to $2,579.51 and total claim from $52,058.93 to $52,579.51.
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