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Supreme Court
Kasimboti Trading (Private) Limited & 2 Ors v ZB Bank Limited
[2020] ZWSC 24
Case Details
Court
Supreme Court
Date
17 February 2020
Citation
[2020] ZWSC 24
Judgment No.
SC 24/20
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MAKARAU JA
Full Bench
MAKARAU JAHLATSHWAYO JAUCHENA JA
Areas of Law
Banking LawCivil ProcedureEvidence
Keywords
default judgmentinterest overchargewithout prejudiceadmissibilitycompromise agreement
Tags
BankingDefault judgmentInterest overchargeWithout prejudice correspondence
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether \"without prejudice\" letter dated 3 April 2017 was admissible in evidence","issue_type":"law","dispositive":"yes","related_facts":"Contents of letter promising to verify interest"}
- {"issue_text":"Whether court a quo erred in awarding costs on higher scale","issue_type":"law","dispositive":"no","related_facts":"Application was contested"}
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background
Facts of the Case
Background
Appellants had credit facility with respondent bank. Default judgment entered in 2015 for US$151,981.23 capital, US$24,716.11 interest and US$81 bank charges. Two years later, appellants claimed interest overcharge of US$25,266.13. Bank refused verification citing res judicata. Appellants applied under r 449 to vary judgment or obtain account debatement. High Court dismissed application ruling "without prejudice" letter inadmissible.
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