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Harare High Court
Interfin Bank Limited (In Liquidation) v Bartim Lake Nurseries (Private) Limited & 3 Ors
HH 773-17
Case Details
Court
Harare High Court
Date
6 November 2017
Citation
HH 773-17
Neutral Citation
[2017] ZWHH 773
Outcome
unknown
Case Type
Trial
Bench
Presiding
Zhou J
Full Bench
Zhou J
Areas of Law
Banking LawCivil Procedure
Keywords
absolution from instancecredit facility agreementdeeds of suretyshipin duplum rulebanking liquidation
Tags
absolution from instancecredit facilitysuretyshipbanking law
legislation
Statutes Cited
- No statutes were cited in this judgment.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there is evidence upon which a reasonable court might find for the plaintiff","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff's witness testimony, documentary evidence"}
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background
Facts of the Case
Background
A bank in liquidation sued four defendants for recovery of US$983,149-19 capital and US$124,432-12 interest under a credit facility agreement and deeds of suretyship. After the plaintiff closed its case led by a single witness who was not involved in the original transactions, the defendants applied for absolution from the instance on the basis that no evidence had been led warranting them to be placed on their defence.
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