Haansbro (Pvt) Limited v Lovemore Pfupajena Chihota and Valentine Mushayakarara

HH 35-18

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Case Details

Court

Harare High Court

Date

19 January 2018

Citation

HH 35-18

Neutral Citation

[2018] ZWHH 35

Outcome

unknown

Case Type

Trial

Bench

Presiding

ZHOU J

Full Bench

ZHOU J

Areas of Law

Commercial LawContract Law

Keywords

Suretyship AgreementCredit FacilityOutstanding DebtGuarantee

Key Issues

{"issue_text":"Whether the credit facility relates to monies which were already owed prior to its signing","issue_type":"mixed","dispositive":"yes","related_facts":"Pre-existing debt of US$77,334.53; credit facility of US$60,000"}
{"issue_text":"Whether the suretyship agreement covers any debt other than that arising from the credit facility agreement signed on 3 March 2014","issue_type":"mixed","dispositive":"yes","related_facts":"Suretyship wording; pre-existing debt; credit facility terms"}

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Facts of the Case

Background

The plaintiff claimed US$16,016 from the second and third defendants as sureties for a debt owed by the first defendant. The claim arose from a suretyship agreement signed on 3 March 2014. The defendants argued the suretyship only covered future debts under a credit facility, not pre-existing debt.

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