Profert Zimbabwe (Private) Limited v Pioneer Hi-Bred Zimbabwe (Private) Limited and Daniel Myers and Stanley Kanembirina

HH 656-18

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Case Details

Court

Harare High Court

Date

24 September 2018

Citation

HH 656-18

Neutral Citation

[2018] ZWHH 656

Outcome

unknown

Case Type

Trial

Bench

Presiding

Foroma J

Areas of Law

Commercial lawCompany lawContract law

Keywords

Credit agreementSuretyshipCorporate liabilityAuthority of directorsFertilizer supply

Key Issues

{"issue_text":"Whether the first defendant is liable for the outstanding amount under the credit facility agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Credit agreement signed by Managing Director, goods supplied, payments made"}
{"issue_text":"Whether the second defendant is personally liable as surety","issue_type":"law","dispositive":"yes","related_facts":"Suretyship clause in application form, second defendant's signature"}
{"issue_text":"Whether the second and third defendants are liable under the suretyship agreement","issue_type":"law","dispositive":"no","related_facts":"Alleged suretyship agreement, claim for rectification"}

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background

Facts of the Case

Background

The plaintiff sued the first defendant for payment of $251,694 plus interest arising from a credit sale agreement for fertilizer supply entered into in September 2012. The second and third defendants were sued as sureties. The first defendant denied liability claiming the agreement was unauthorized and fraudulent, while the second and third defendants denied signing as sureties.

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