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Harare High Court
Profert Zimbabwe (Private) Limited v Pioneer Hi-Bred (Zimbabwe) Limited and Daniel Myers and Stanley Kanembirira
HH 571-18
Case Details
Court
Harare High Court
Date
11 September 2018
Citation
HH 571-18
Neutral Citation
[2018] ZWHH 571
Outcome
unknown
Case Type
Trial
Bench
Presiding
Foroma J
Full Bench
Foroma J
Areas of Law
Contract LawCommercial Law
Keywords
Suretyship agreementRectificationCommon intentionCo-principal debtorsAbsolution from the instance
Tags
SuretyshipRectificationAbsolution from the instance
legislation
Statutes Cited
- No statutes are cited in the judgment.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the evidence adduced by the plaintiff is sufficient to support a reasonable possibility of judgment in favor of the plaintiff against the second and third defendants based on rectification of the suretyship agreement","issue_type":"procedural","dispositive":"yes","related_facts":"The suretyship agreement was not signed by surety; defendants signed only as witnesses; no personal documents produced"}
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background
Facts of the Case
Background
The plaintiff sought rectification of a suretyship agreement to substitute the second and third defendants as co-principal debtors instead of the first defendant. The second and third defendants applied for absolution from the instance at the close of the plaintiff's case, arguing that the evidence did not support a reasonable possibility of judgment in the plaintiff's favor.
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