Central Africa Building Society v Patience Magodo

HH 34-22

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Case Details

Court

Harare High Court

Date

19 January 2022

Citation

HH 34-22

Neutral Citation

[2022] ZWHH 34

Outcome

unknown

Case Type

Application

Bench

Presiding

CHITAPI J

Full Bench

CHITAPI J

Areas of Law

Contract LawBanking LawCivil Procedure

Keywords

Deed of SettlementFraudMortgage BondContractual AlterationCaveat Subscriptor

Key Issues

{"issue_text":"Whether the respondent committed fraud by unilaterally altering the deed of settlement","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent altered deed without applicant's knowledge; Applicant's legal practitioner signed altered deed"}
{"issue_text":"Whether the applicant was induced to enter the contract through fraudulent misrepresentation","issue_type":"law","dispositive":"yes","related_facts":"Legal practitioner signed without reading; No evidence of inducement by fraud"}
{"issue_text":"Whether the deed of settlement should be set aside","issue_type":"law","dispositive":"yes","related_facts":"Fraud not proved; Legal practitioner signed altered deed"}

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background

Facts of the Case

Background

The applicant bank sought to set aside a deed of settlement executed with the respondent regarding a mortgage debt, alleging the respondent fraudulently altered the deed by adding terms linking repayment to pending labour disputes. The applicant's legal practitioner signed the altered deed without noticing the changes.

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