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Harare High Court
Agricultural Bank of Zimbabwe Limited t/a Agribank v Elisha Hunda and Beauty Makoni
HH 779-17
Case Details
Court
Harare High Court
Date
22 November 2017
Citation
HH 779-17
Neutral Citation
[2017] ZWHH 779
Outcome
unknown
Case Type
Trial
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Banking LawContract Law
Keywords
suretyco-principal debtorduressloan facilityimmovable property
Tags
suretyshipduressloan agreementbanking
legislation
Statutes Cited
- None (no statute or statutory provision is quoted or interpreted)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the second defendant is liable to pay the debt as surety and co-principal debtor despite claiming she signed under duress","issue_type":"mixed","dispositive":"yes","related_facts":"Second defendant signed suretyship in 2011, claimed duress but took no action to set aside until 2017"}
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background
Facts of the Case
Background
The plaintiff bank sued the second defendant for payment of a loan advanced to the first defendant, based on a suretyship signed by the second defendant as surety and co-principal debtor. The second defendant admitted signing but claimed she did so under duress from her late husband.
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