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Harare High Court
Chiedza Chikomo v Yisrael Yehudah
HH 29-2012
Case Details
Court
Harare High Court
Date
8 February 2012
Citation
HH 29-2012
Neutral Citation
[2012] ZWHH 29
Outcome
unknown
Case Type
Application
Bench
Presiding
Mavangira J
Full Bench
Mavangira J
Areas of Law
Civil procedureContract lawDebt recovery
Keywords
Summary judgmentAcknowledgment of debtUsurious interestCollection commission
Tags
Debt recoverySummary judgmentInterest claims
legislation
Statutes Cited
- Money Lending and Rates of Interest Act
- Prescribed Rates of Interest Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether respondent has bona fide defence to summary judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent admits principal debt but disputes interest and charges"}
- {"issue_text":"Whether 25% interest rate constitutes usurious interest","issue_type":"law","dispositive":"no","related_facts":"Acknowledgment of debt specifies 25% interest"}
- {"issue_text":"Whether applicant must be registered moneylender to charge agreed interest","issue_type":"law","dispositive":"no","related_facts":"Applicant is individual not lending institution"}
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background
Facts of the Case
Background
The applicant lent US$9,500 to the respondent with agreement to repay within seven days. The respondent failed to pay and signed an acknowledgment of debt promising payment by 30 June 2010 with 25% interest if defaulted. The respondent failed to pay and the applicant issued summons. The applicant applied for summary judgment while the respondent opposed claiming usurious interest and illegality.
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