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Harare High Court
CBZ Bank Limited v Bashir Ziya Quddusi & 6 Ors
HH 643-18
Case Details
Court
Harare High Court
Date
11 October 2018
Citation
HH 643-18
Neutral Citation
[2018] ZWHH 643
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Manzunzu J
Full Bench
Manzunzu J
Areas of Law
Banking LawProperty LawCivil Procedure
Keywords
mortgage bondprovisional orderinterdictproperty transferappeal suspension
Tags
mortgage bondproperty transferinterdict
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant established requirements for interim interdict","issue_type":"procedural","dispositive":"yes","related_facts":"Mortgage bond held, judgment obtained, appeal noted"}
- {"issue_text":"Whether the matter was urgent","issue_type":"procedural","dispositive":"no","related_facts":"Timing of application after appeal"}
- {"issue_text":"Whether there was collusion between parties","issue_type":"procedural","dispositive":"no","related_facts":"Alleged cooperation between applicant and respondents"}
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background
Facts of the Case
Background
CBZ Bank Limited held a mortgage bond over Stand No. 12900 Salisbury Township and had obtained judgment against the estate of David C. Kamunhu. First and second respondents obtained a separate judgment ordering transfer of the same property to them. Fearing loss of security, CBZ sought an interdict to prevent transfer pending its appeal against the transfer judgment.
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