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Harare High Court
FBC Bank Limited v Aman-O-Brie Investments (Pvt) Ltd and Lovmore Kutamahufu and Accilia M. Kutamahufu and Lungisani Ncube and Emmah Farirwi
HH 459-17
Case Details
Court
Harare High Court
Date
19 July 2017
Citation
HH 459-17
Neutral Citation
[2017] ZWHH 459
Outcome
unknown
Case Type
Trial
Bench
Presiding
Foroma J
Full Bench
Foroma J
Areas of Law
Banking LawContract LawSuretyship
Keywords
Personal guaranteeMortgage bondBanking facilitiesSuretyForgery allegation
Tags
BankingGuaranteeMortgage BondSuretyship
legislation
Statutes Cited
- Money Lending and Rates of Interests Act
- Money Lending and Rates of Interests Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether fourth defendant signed personal guarantee and mortgage bond","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff's documentary evidence, fourth defendant's bare denial"}
- {"issue_text":"Whether fifth defendant's guarantee covered subsequent facilities","issue_type":"law","dispositive":"yes","related_facts":"Wording of guarantee, timing of facilities"}
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background
Facts of the Case
Background
FBC Bank Limited sued five defendants for recovery of US$79,371.94 arising from banking facilities advanced to the first defendant. The first, second and third defendants consented to judgment, while the fourth and fifth defendants defended the claim. The fourth defendant denied signing a personal guarantee and mortgage bond, while the fifth defendant admitted signing a guarantee but argued it was limited to the initial US$40,000 facility.
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