NMB BANK LIMITED versus THE TRUSTEES FOR THE TIME BEING OF CORNERSTONE TRUST and JULIUS TAWONA MAKONI and THE TRUSTEES FOR THE TIME BEING OF RYVONNE TRUST

Key Issues

• {"issue_text":"Whether there was a valid loan agreement between the plaintiff and the first defendant","issue_type":"law","dispositive":"yes","related_facts":"Facility letter signed by authorized signatory David Higginson"}
• {"issue_text":"Whether the second defendant had authority to represent the first defendant","issue_type":"fact","dispositive":"yes","related_facts":"Second defendant's control over first defendant and instructions to bank officials"}
• {"issue_text":"Whether the second defendant executed the power of attorney for the mortgage bond","issue_type":"fact","dispositive":"yes","related_facts":"Second defendant's signature on the document, witness testimony"}
• {"issue_text":"Whether the defendants are liable under the suretyship agreements","issue_type":"law","dispositive":"yes","related_facts":"Execution of suretyship deeds by second and third defendants"}

Background