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Harare High Court
Graeme Chadwick v JG Construction
HH 102-12
Case Details
Court
Harare High Court
Date
29 February 2012
Citation
HH 102-12
Neutral Citation
[2012] ZWHH 102
Outcome
unknown
Case Type
Application
Bench
Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Civil procedureContract lawCommercial litigation
Keywords
Summary judgmentAcknowledgement of debtPartnership disputeInterest claim
Tags
Summary judgmentAcknowledgement of debtContractual dispute
legislation
Statutes Cited
- Money Lending and Rates of Interest Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondent has a bona fide defence to the claim warranting refusal of summary judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Respondent's partnership claim, acknowledgment of debt, written offers and acceptance"}
- {"issue_text":"Whether the agreed interest of US$20,000 violates the Money Lending and Rates of Interest Act","issue_type":"law","dispositive":"no","related_facts":"US$20,000 interest on US$68,000 principal over 3-5 years"}
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background
Facts of the Case
Background
The applicant sold a UD Nissan 15 ton truck to the respondent for US$68,000 in 2006/2008. The respondent acknowledged the debt in August 2010 and later offered to pay US$88,000 including US$20,000 interest. The applicant accepted this offer. When the respondent failed to pay, the applicant instituted summons and applied for summary judgment.
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