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Harare High Court
Trust Bank Corporation Limited v Cold Storage Company Limited
HH 34-2008
Case Details
Court
Harare High Court
Date
9 April 2008
Citation
HH 34-2008
Neutral Citation
[2008] ZWHH 34
Outcome
unknown
Case Type
Application
Bench
Presiding
MTSHIYA J
Full Bench
MTSHIYA J
Areas of Law
Banking LawCivil Procedure
Keywords
summary judgmentcuratorshipcessionlocus standibanking act
Tags
summary judgmentcuratorshipcessionlocus standi
legislation
Statutes Cited
- Banking Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant ceded its rights to Zimbabwe Allied Banking Group Limited","issue_type":"fact","dispositive":"yes","related_facts":"The agreement between Trust Bank under curatorship and ZABG"}
- {"issue_text":"Whether the applicant has locus standi to bring the application in its own name while under curatorship","issue_type":"law","dispositive":"yes","related_facts":"The applicant's status under curatorship and lack of Curator's permission"}
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background
Facts of the Case
Background
The applicant, Trust Bank Corporation Limited, under curatorship, sought summary judgment against the respondent for US$1,514,762.20 owed under a credit facility agreement. The respondent admitted the debt but raised a preliminary point that the applicant lacked locus standi as it had ceded all claims to ZABG and had not obtained the Curator's permission to sue as required by the Banking Act.
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