Capital Alliance (Private) Limited v Renaissance Merchant Bank Limited & 4 Ors

HH 108-2006

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Case Details

Court

Harare High Court

Date

23 October 2006

Citation

HH 108-2006

Neutral Citation

[2006] ZWHH 108

Outcome

unknown

Case Type

Application

Bench

Presiding

Patel J

Full Bench

Patel J

Areas of Law

Commercial LawBanking LawArbitration Law

Keywords

syndicated loandebenturessharesarbitration clausenon-joinder

Key Issues

{"issue_text":"Whether ENG liquidator should have been joined as a party","issue_type":"procedural","dispositive":"no","related_facts":"ENG liquidator was party to original loan; settlement of ENG debt and validity of cession are in dispute"}
{"issue_text":"Whether the dispute falls within the arbitration clause of the Debenture Trust Deed","issue_type":"procedural","dispositive":"yes","related_facts":"Dispute concerns interpretation and application of Trust Deed provisions; shares were pledged as security under the Deed"}

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background

Facts of the Case

Background

The applicant sought orders for transfer of shares and declaratory relief regarding settlement of a syndicated loan debt. The dispute arose from the respondents' appropriation and transfer of FML shares pledged as security for the loan, which the applicant claimed was unlawful.

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