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Harare High Court
CBZ Limited v Ziyambi Ziyambi & 14 Ors
HH 74-17
Case Details
Court
Harare High Court
Date
8 February 2017
Citation
HH 74-17
Neutral Citation
[2017] ZWHH 74
Outcome
unknown
Case Type
Application
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Banking lawCivil procedureService of process
Keywords
default judgmentdefective servicesheriff's returnsgroup guaranteeoverdraft facility
Tags
default judgmentservice of processbanking facilitiesgroup guarantee
legislation
Statutes Cited
- High Court Rules, 1971
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether service of process was properly executed in accordance with High Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"Service effected on relatives named Naomi at various plots at same time"}
- {"issue_text":"Whether the persons served qualified as \"responsible persons\" under Rule 39(2)(b)","issue_type":"procedural","dispositive":"yes","related_facts":"Service on Naomi described as daughter/relative/sister without full identification"}
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background
Facts of the Case
Background
CBZ Limited extended an overdraft facility to a group of farmers known as Imperani Farmers. The facility was guaranteed by individual members. When the farmers defaulted, CBZ instituted proceedings to recover US$113,117.07 plus interest and costs. The plaintiff applied for default judgment.
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