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Harare High Court
Engen Petroleum (Pvt) Ltd v Felistus Mutangadura
HH 738-18
Case Details
Court
Harare High Court
Date
31 October 2018
Citation
HH 738-18
Neutral Citation
[2018] ZWHH 738
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHATUKUTA J
Full Bench
CHATUKUTA J
Areas of Law
Contract LawProperty Law
Keywords
SuretyMortgage bondPower of attorneyMisrepresentationCaveat subscriptor
Tags
SuretyshipMortgage bondContract interpretationCaveat subscriptor
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendant acted as surety for the due performance of all obligations of Station Micro Finance (Pvt) Ltd arising from the Operating Lease Agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Power of attorney signed, mortgage bond registered, scope of bond coverage"}
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background
Facts of the Case
Background
The plaintiff sued the defendant for $26,912.27 arising from a lease agreement with Station Micro Finance (Pvt) Ltd, where the defendant acted as surety by signing a power of attorney authorizing registration of a mortgage bond. The defendant denied liability, claiming she only agreed to guarantee petroleum products, not all obligations.
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