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Harare High Court

Interfin Banking Corporation Limited t/a Interfin Bank (under Curatorship) (Represented by Peter L. Baily in his capacity as Curator) v Scarborough Investments (Private) Limited

HH 303-13

Case Details

Court
Harare High Court
Date
3 August 2013
Citation
HH 303-13
Neutral Citation
[2013] ZWHH 303
Outcome
unknown
Case Type
Application

Bench

Presiding
TAKUVA J
Full Bench
TAKUVA J
Areas of Law
Banking lawCivil procedureProperty law
Keywords
Provisional sentenceDeed of HypothecationLiquid documentsMortgage bondsCFX BankAl Shams Global BVI Ltd
Tags
Provisional sentenceHypothecationMortgage bondsLiquid documents
legislation
Statutes Cited
  • High Court Rules, 1971
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the plaintiff has locus standi to institute proceedings where it allegedly sold its claim to a foreign entity","issue_type":"procedural","dispositive":"no","related_facts":"Alleged sale of claim to Al Shams Global BVI Ltd"}
  • {"issue_text":"Whether an application for provisional sentence can be heard on the unopposed roll where there is opposition","issue_type":"procedural","dispositive":"no","related_facts":"Defendant filed notice of opposition"}
  • {"issue_text":"Whether the requirements for provisional sentence have been met","issue_type":"mixed","dispositive":"yes","related_facts":"Liquid documents, notice given, amount due and payable"}
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background
Facts of the Case

Background

The plaintiff bank sought provisional sentence against the defendant company for USD 450,000 plus 20% annual interest based on two Deeds of Hypothecation executed in 2009 and 2010. The defendant opposed the application claiming the plaintiff had sold its claim to a foreign entity and raising procedural objections.
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