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Harare High Court

FARAI RWODZI and CHRISTOPHER SAMBAZA versus DEPOSIT PROTECTION CORPORATION (in its Capacity as the Liquidator of INTERFIN BANK Limited (under Liquidation)) and TIMOTH NATHAN CHIGANZE and JEREMIAH JUSTIN TSODZAI and RAYMOND NJANIKE and EMMANUEL CHENJERAI TAGARIRA and DAVID MBIZA and JAMES SHUMBANHETE and PELAGIA KAFESU and DR TEDDY GODFREY ZENGENI and MAXWELL REVAI and TENDAI PHINEAS CHIMURIWO and NOMSA HAZEL NCUBE

HH 580-18

Case Details

Court
Harare High Court
Date
17 July 2018
Citation
HH 580-18
Neutral Citation
[2018] ZWHH 580
Outcome
unknown
Case Type
Application

Bench

Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Civil ProcedureBanking LawCorporate Law
Keywords
Further particularsBanking litigationCorporate governanceLiquidator proceedingsDirectors' fiduciary duties
Tags
Further and Better ParticularsBanking LitigationCorporate GovernanceLiquidator Proceedings
legislation
Statutes Cited
  • High Court Rules 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the request for further and better particulars was properly before the court","issue_type":"procedural","dispositive":"no","related_facts":"Request made within twelve days of refusal"}
  • {"issue_text":"Whether the first respondent's declaration contained adequate particulars to enable defendants to plead","issue_type":"mixed","dispositive":"yes","related_facts":"Use of \"at all material times\", specific allegations of misconduct"}
  • {"issue_text":"Whether further and better particulars should be compelled","issue_type":"procedural","dispositive":"yes","related_facts":"Ambiguity in pleadings, need for specificity"}
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background
Facts of the Case

Background

Applicants sought to compel the first respondent (Deposit Protection Corporation as liquidator of Interfin Bank Limited) to supply further and better particulars to enable them to plead to the first respondent's particulars of claim. The first respondent had sued the applicants and others for US$136,097,897.09, but the applicants found the particulars inadequate to plead a defense.
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