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Harare High Court
African Banking Corporation of Zimbabwe Limited v Paul Edwards Shipping (Private) Limited & 4 Ors
HH 168-13
Case Details
Court
Harare High Court
Date
28 May 2013
Citation
HH 168-13
Neutral Citation
[2013] ZWHH 168
Outcome
unknown
Case Type
Application
Bench
Presiding
ZHOU J
Full Bench
ZHOU J
Areas of Law
Banking and FinanceCommercial LawCivil Procedure
Keywords
Summary judgmentLoan facilitySuretyshipLease financeBanking
Tags
BankingSummary judgmentSuretyshipLoan agreement
legislation
Statutes Cited
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant is entitled to summary judgment against all respondents for the outstanding loan amount","issue_type":"procedural","dispositive":"no","related_facts":"Debt admitted, defence on repayment terms"}
- {"issue_text":"Whether the fourth and fifth respondents are liable as sureties under the 24 May 2011 agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Terms of suretyship in operative agreement"}
- {"issue_text":"Whether certain properties can be declared executable","issue_type":"mixed","dispositive":"yes","related_facts":"Security provisions in operative agreement"}
- {"issue_text":"Whether the debt was due and payable at time of summons","issue_type":"mixed","dispositive":"no","related_facts":"Facility period clauses, payments made"}
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background
Facts of the Case
Background
A commercial bank sought summary judgment against five respondents for US$280,961.94 outstanding under a US$300,000 loan facility granted in May 2011, with four respondents having executed deeds of suretyship and certain properties and vehicles offered as security.
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