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Harare High Court
Interfin Banking Corporation Limited t/a Interfin Bank (Under Curatorship) v Goldlock Industries 2003 (Private) Limited and Zvenyika Mhendurwa and Evelyn Mhendurwa
HH 306-13
Case Details
Court
Harare High Court
Date
3 September 2013
Citation
HH 306-13
Neutral Citation
[2013] ZWHH 306
Outcome
unknown
Case Type
Application
Bench
Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Banking LawCivil Procedure
Keywords
provisional sentencemortgage bondsuretyshipliquid document
Tags
provisional sentencemortgage bondsuretyshipbanking
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff complied with Rule 24 requiring particulars of notice given when claiming provisional sentence on a mortgage bond","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff's summons stated amount due but gave no notice particulars"}
- {"issue_text":"Whether the certificate of indebtedness is a liquid document for provisional sentence purposes","issue_type":"procedural","dispositive":"no","related_facts":"Certificate attached but not a demand notice"}
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background
Facts of the Case
Background
The plaintiff bank claimed provisional sentence for USD 433,046.28 based on a mortgage bond and suretyships. The defendants opposed on multiple grounds including that the amount claimed exceeded the bond capital of USD 160,000 and that Rule 24 compliance was absent.
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