Kasimboti Trading Private Limited & 3 Ors v ZB Bank Limited

HH 642-18

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Case Details

Court

Harare High Court

Date

11 October 2018

Citation

HH 642-18

Neutral Citation

[2018] ZWHH 642

Outcome

unknown

Case Type

Application

Bench

Presiding

Manzunzu J

Full Bench

Manzunzu J

Areas of Law

Banking LawCivil Procedure

Keywords

default judgment variationinterest overchargerule 449mistake common to parties

Key Issues

{"issue_text":"Whether Rule 449(1)(a) & (c) applies to vary a default judgment where applicants claim mistaken belief in calculations","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants did not defend original action; later discovered alleged overcharge"}
{"issue_text":"Whether there was a mistake common to the parties","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants' mistaken belief in respondent's calculations"}

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background

Facts of the Case

Background

Four applicants who were defendants in a previous debt collection case sought to vary a default judgment obtained against them by ZB Bank Limited, claiming they had overpaid interest by US$25,266.13 due to mistaken calculations. The applicants did not defend the original action, resulting in a default judgment, but later discovered alleged overcharges through an independent audit.

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