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Harare High Court
Lytton Investments Pvt Ltd v Standard Chartered Bank (Zimbabwe) Ltd
HH 35-17
Case Details
Court
Harare High Court
Date
19 January 2017
Citation
HH 35-17
Neutral Citation
[2017] ZWHH 35
Outcome
unknown
Case Type
Application
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Banking LawCivil ProcedureConsumer Protection
Keywords
class actionfacility feesloan contractbanking practicesprescription
Tags
class actionconsumer protectionloan facilityfacility fees
legislation
Statutes Cited
- Class Actions Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant can institute class action while having pending case on same cause of action","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant issued summons on 13 July 2015 for breach of same loan contract"}
- {"issue_text":"Whether applicant satisfied requirements of s 3 of Class Actions Act","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's failure to provide information on class size, education level, financial standing"}
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background
Facts of the Case
Background
The applicant, a business entity, sought leave to institute a class action against the respondent bank for allegedly charging facility fees on loan amounts not fully disbursed. The applicant had previously issued summons for damages for breach of the same loan contract, which case was still pending.
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