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Harare High Court
African Banking Corporation of Zimbabwe Limited t/a BancABC v PWC Motors (Pvt) Ltd and Peter Mare and Wonder Mare and Charles Mare
HH 123/2013
Case Details
Court
Harare High Court
Date
8 May 2013
Citation
HH 123/2013
Neutral Citation
[2013] ZWHH 123
Outcome
unknown
Case Type
Application
Bench
Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Banking lawCommercial lawCivil procedure
Keywords
Summary judgmentOverdraft facilityGuaranteesAcknowledgment of debtBanking
Tags
BankingSummary judgmentOverdraft facilityGuarantees
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondents have shown a bona fide defence to defeat the summary judgment application","issue_type":"procedural","dispositive":"yes","related_facts":"Acknowledgment letters, facility document, payments made"}
- {"issue_text":"Whether the deponent of the founding affidavit has authority to represent the applicant","issue_type":"procedural","dispositive":"no","related_facts":"Pfukwa's position as Head of Credit, absence of company resolution"}
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background
Facts of the Case
Background
The applicant bank extended a US$50,000 overdraft facility to the first respondent company, guaranteed by the individual respondents. After the respondents failed to repay and acknowledged the debt in writing, the bank instituted summary judgment proceedings for the outstanding balance.
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