NMB Bank Limited v Elisha Tembo and Luckson Ruhonde

HH 886-22

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Case Details

Court

Harare High Court

Date

21 December 2022

Citation

HH 886-22

Neutral Citation

ZWHH 886-22

Outcome

unknown

Case Type

Application

Bench

Presiding

Maxwell J

Full Bench

Maxwell J

Areas of Law

Banking lawProperty lawContract law

Keywords

mortgage defaultproperty executionbuyback agreementfrivolous action

Key Issues

{"issue_text":"Whether the first respondent's claim of undue influence has any merit","issue_type":"factual","dispositive":"yes","related_facts":"The signing of the sale agreement and memorandum of option"}
{"issue_text":"Whether the action is frivolous and vexatious under Rule 31","issue_type":"procedural","dispositive":"yes","related_facts":"The history of extensions and consent settlements"}

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background

Facts of the Case

Background

The applicant bank obtained a court order declaring a property specially executable after the first respondent's company defaulted on a mortgage bond. A compromise agreement allowed the respondents to sell the property by private treaty with an option to buy back within one year. They failed to exercise the buyback option, the property was transferred to the applicant, and they became tenants. After failing to pay rent, they were evicted by consent. The first respondent then launched a new action claiming the sale was unlawful due to undue influence.

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