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Harare High Court
Steward Bank Limited v Calendfab Services (Private) Limited and Charity Maguwah-Biti and Bertha Tariro Muzanenhamo
HH 142-17
Case Details
Court
Harare High Court
Date
2 March 2017
Citation
HH 142-17
Neutral Citation
[2017] ZWHH 142
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Banking lawContract lawCivil procedure
Keywords
PrescriptionNotarial bondDebt collectionLimitation period
Tags
BankingDebt recoveryPrescriptionNotarial contract
legislation
Statutes Cited
- Prescription Act
- Prescription Act
- Prescription Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the plaintiff's claim was prescribed under the Prescription Act","issue_type":"procedural","dispositive":"yes","related_facts":"Loan maturity 15 Feb 2012, summons issued 28 Oct 2015, debt secured by notarial bond"}
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background
Facts of the Case
Background
The plaintiff bank advanced $130,000 to the defendants under a facility letter dated 15 February 2011, with maturity date 15 February 2012. The debt was secured by a notarial general covering bond registered under number 1745/2011. When defendants failed to pay, plaintiff issued summons on 28 October 2015. Defendants raised prescription as a defence.
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