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Harare High Court
Produtrade Pvt Ltd v Continental Bakeries (Private) Limited & Anor
HH 29/2010
Case Details
Court
Harare High Court
Date
17 February 2010
Citation
HH 29/2010
Neutral Citation
[2010] ZWHH 29
Outcome
unknown
Case Type
Application
Bench
Presiding
CHATUKUTA J
Full Bench
CHATUKUTA J
Areas of Law
Banking & FinanceCommercial LawCivil Procedure
Keywords
InterestIn duplum ruleJudgment correctionRule 449Stanbic Bank rate
Tags
Interest calculationIn duplum ruleRule 449 correctionJudgment variation
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court can correct the previous judgment under Rule 449 to specify interest runs from 4 February 2005","issue_type":"procedural","dispositive":"yes","related_facts":"Previous judgment omitted interest start date; applicant clearly claimed interest from 4 Feb 2005 in original summons"}
- {"issue_text":"Whether the in duplum rule prevents interest continuing to run after it equals the principal amount","issue_type":"law","dispositive":"no","related_facts":"Respondents paid double the principal; applicant claims further interest"}
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background
Facts of the Case
Background
The applicant obtained judgment for $485,316,000 with interest at Stanbic Bank's prevailing overdraft rate but the order omitted the commencement date for interest. The applicant sought to correct this omission to specify interest runs from 4 February 2005.
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