Savanna Tobacco Company (Private) Limited v Al Shams Global Limited & Anor

SC 25/18

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Case Details

Court

Supreme Court

Date

18 June 2015

Citation

SC 25/18

Neutral Citation

[2018] ZWSC 25

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GOWORA JA

Full Bench

GARWE JAGOWORA JAPATEL JA

Areas of Law

Commercial LawBanking LawCivil Procedure

Keywords

Bankers AcceptancesSummary JudgmentEndorsementHolderPresentmentDishonour

Key Issues

{"issue_text":"Whether the court a quo erred in granting summary judgment when the first respondent failed to establish it was a lawful holder of the Bankers Acceptances","issue_type":"mixed","dispositive":"yes","related_facts":"Absence of endorsements on record, first respondent's claim to be holder"}
{"issue_text":"Whether the court a quo erred in awarding collection commission that had been abandoned","issue_type":"procedural","dispositive":"no","related_facts":"First respondent's counsel abandoned collection commission claim in court a quo"}
{"issue_text":"Whether the court a quo erred in awarding interest at 25% when 23% was claimed","issue_type":"procedural","dispositive":"no","related_facts":"First respondent claimed 23% interest, court awarded 25%"}

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background

Facts of the Case

Background

The appellant drew Bankers Acceptances in favour of the second respondent to secure a loan. The second respondent sold these to the first respondent. The first respondent claimed the appellant refused to pay and obtained summary judgment against both. The appellant appealed, arguing the first respondent was not a lawful holder and that summary judgment was improperly granted.

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