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Harare High Court
African Century Ltd v Nible Investments (Private) Limited t/a Rocksave Mining and Garry Sidney Smith and Mutsa Mujaji
HH 146-17
Case Details
Court
Harare High Court
Date
3 March 2017
Citation
HH 146-17
Neutral Citation
[2017] ZWHH 146
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIWESHE JP
Full Bench
CHIWESHE JP
Areas of Law
Commercial lawContract lawCivil procedure
Keywords
Summary judgmentLease agreementsDefaultArrearsMotor vehicles
Tags
Summary judgmentLease agreementDefault
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondents have a bona fide defence to the summary judgment application","issue_type":"procedural","dispositive":"yes","related_facts":"Respondents claimed $21,000 payment; no evidence produced"}
- {"issue_text":"Whether the applicant is entitled to summary judgment for the claimed amount","issue_type":"mixed","dispositive":"yes","related_facts":"Arrears of $24,521.15; lease agreement terms"}
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background
Facts of the Case
Background
The applicant entered into lease agreements with the first respondent for motor vehicles. The first respondent defaulted on payments, accumulating arrears of $24,521.15. The applicant claimed $112,663.61 and sought summary judgment. The respondents disputed the arrears and claimed to have made a $21,000 payment.
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