Kasimboti Trading (Private) Limited & 3 Ors v ZB Bank Limited

[2019] ZWSC 98

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Case Details

Court

Supreme Court

Date

26 November 2019

Citation

[2019] ZWSC 98

Judgment No.

SC 98/19

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MAKARAU JA

Full Bench

MAKARAU JAHLATSHWAYO JAUCHENA JA

Areas of Law

Banking LawCivil ProcedureEvidence Law

Keywords

Default judgmentInterest calculationWithout prejudice ruleRule 449Res judicata

Key Issues

{"issue_text":"Whether a \"without prejudice\" letter containing a promise to verify interest calculations is admissible in evidence","issue_type":"law","dispositive":"yes","related_facts":"Bank's letter dated 3 April 2017 promising to verify interest"}
{"issue_text":"Whether the appellants were entitled to an order compelling debatement of the account or crediting of overcharged interest","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged overcharge of US$25,266.13, bank's refusal to verify"}
{"issue_text":"Whether the relief sought was an attempt to revisit the default judgment","issue_type":"procedural","dispositive":"no","related_facts":"Default judgment entered in 2015, new application filed in 2017"}

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Facts of the Case

Background

The appellants had a credit facility with ZB Bank. After default judgment was entered against them for US$151,981.23 capital debt plus interest and charges, they discovered two years later that interest had been overcharged by US$25,266.13. The bank had promised in a "without prejudice" letter to verify the interest calculations but later refused, claiming the matter was res judicata.

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