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Harare High Court
MBCA Bank Limited v African Farmer (Private) Limited & 2 Ors
HH 676-18
Case Details
Court
Harare High Court
Date
17 October 2018
Citation
HH 676-18
Neutral Citation
[2018] ZWHH 676
Outcome
unknown
Case Type
Trial
Bench
Presiding
Kwenda J
Full Bench
Kwenda J
Areas of Law
Banking LawSuretyship LawProperty Law
Keywords
Mortgage bondSuretyOverdraft facilityFraudulent registrationConsent
Tags
BankingSuretyshipMortgage BondFraud
legislation
Statutes Cited
- Deeds Registries Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a mortgage bond registered without the property owner's consent is enforceable","issue_type":"mixed","dispositive":"yes","related_facts":"Third defendant never consented to bond registration; no guarantee signed by her"}
- {"issue_text":"Whether plaintiff proved that third defendant bound herself as surety","issue_type":"mixed","dispositive":"yes","related_facts":"No evidence of third defendant signing guarantee; all documents presented by unauthorized person"}
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background
Facts of the Case
Background
Plaintiff bank sued defendants for repayment of an overdraft facility of $200,000 advanced to first defendant, allegedly secured by a surety mortgage bond over third defendant's property. Third defendant denied ever consenting to the bond or signing any surety documents.
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