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Harare High Court
Michael Johnson v Philip Ellse and Kapp Jack Trading (Pvt) Ltd
HH 33/16
Case Details
Court
Harare High Court
Date
13 January 2016
Citation
HH 33/16
Neutral Citation
[2016] ZWHH 33
Outcome
unknown
Case Type
Trial
Bench
Presiding
Phiri J
Full Bench
Phiri J
Areas of Law
Commercial LawBills of ExchangeContract Law
Keywords
Promissory noteLoan agreementIn duplum ruleBills of Exchange Act
Tags
Banking & FinanceContract Law
legislation
Statutes Cited
- Bills of Exchange Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Philip Ellse was the principal debtor or borrower of the amounts due","issue_type":"fact","dispositive":"yes","related_facts":"Defendant signed promissory notes as borrower, received money in personal account"}
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background
Facts of the Case
Background
The plaintiff Michael Johnson loaned US$80,000 to Philip Ellse under two promissory notes dated 1 December 2010, each for US$40,000 with 7% monthly interest. Ellse signed as borrower but later claimed he was merely surety for Kapp Jack Trading (Pvt) Ltd. The court found Ellse was the principal borrower and liable for the full amount plus interest.
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