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Harare High Court
EASY CREDIT (PRIVATE) LIMITED and JUSTIN ARTWELL TICHIWANGANA and MAXINE MANYOWA and SHINGIRAYI MAFARA and KUDAKWASHE ZUMBIKA and TINASHE HERBERT DZARAMBA and BRUCE TARUVINGA versus INFRASTRUCTURE DEVELOPMENT BANK OF ZIMBABWE
HH 300-17
Case Details
Court
Harare High Court
Date
15 May 2017
Citation
HH 300-17
Neutral Citation
[2017] ZWHH 300
Outcome
unknown
Case Type
Application
Bench
Presiding
MANGOTA J
Full Bench
MANGOTA J
Areas of Law
Civil procedureCompany lawBanking law
Keywords
Automatic barDies induciaeCompany resolutionAuthority to representGuarantors
Tags
BankingLoan guaranteeCivil procedure
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants are entitled to upliftment of the automatic bar","issue_type":"procedural","dispositive":"yes","related_facts":"Filing three days late, thirty-day delay in application"}
- {"issue_text":"Whether the applicants had authority to represent the first applicant company","issue_type":"procedural","dispositive":"no","related_facts":"Lack of directors' resolution"}
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background
Facts of the Case
Background
The applicants, who are guarantors of a loan advanced by the respondent to the first applicant company, filed their notice of appearance to defend three days outside the prescribed dies induciae period, resulting in an automatic bar. They sought condonation and upliftment of the bar, citing miscommunication between the third and seventh applicants regarding the date of receipt of summons.
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