SPAR HARARE (PVT) LTD v FAP MARKETING (PVT) LTD & 3 ORS

Key Issues

• {"issue_text":"Whether 4th defendant is liable to pay plaintiff USD81 881.42 under the Trade Credit Facility Agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Credit facility agreement, mortgage bond registration, 4th defendant's denial"}
• {"issue_text":"Whether mortgage bond No. 1309/11 was fraudulently registered","issue_type":"fact","dispositive":"yes","related_facts":"4th defendant's evidence of non-consent, plaintiff's failure to prove execution"}
• {"issue_text":"Whether 4th defendant's property is specially executable","issue_type":"law","dispositive":"yes","related_facts":"Validity of mortgage bond, fraudulent registration"}
• {"issue_text":"Whether mortgage bond should be cancelled","issue_type":"law","dispositive":"yes","related_facts":"Fraudulent registration, 4th defendant's counter-claim"}

Background