Makeh Engineering (Pvt) Ltd v ZB Financial Holdings

HB 71/19

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Case Details

Court

Bulawayo High Court

Date

16 May 2019

Citation

HB 71/19

Neutral Citation

[2019] ZWHB 71

Outcome

unknown

Case Type

Trial

Bench

Presiding

Ndou J

Full Bench

Ndou J

Areas of Law

Banking lawCompany lawContract law

Keywords

Banker-client relationshipCorporate personalitySyfrets BankZB Financial Holdings

Key Issues

{"issue_text":"Whether defendant has not carried on business as a commercial bank","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant incorporated as holding company, offers financial services through subsidiaries"}
{"issue_text":"Whether Syfrets Corporate and Merchant Bank has ever been a division of defendant","issue_type":"mixed","dispositive":"yes","related_facts":"Syfrets was division of ZB Bank Ltd, not defendant"}
{"issue_text":"Whether plaintiff has a cause of action against defendant","issue_type":"law","dispositive":"yes","related_facts":"No direct banker-client relationship between plaintiff and defendant"}

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background

Facts of the Case

Background

The plaintiff sued the defendant alleging breach of a banker-client relationship, claiming that Syfrets Bank was a division of the defendant and had failed to process payments, causing damages. The defendant denied any banker-client relationship, asserting that Syfrets was a division of ZB Bank Ltd, not the defendant.

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