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Harare High Court
Mashonaland Tobacco Company (Private) Limited v Pamuka (Private) Limited and Others
HH 329-23
Case Details
Court
Harare High Court
Date
30 May 2023
Citation
HH 329-23
Neutral Citation
[2023] ZWHH 329
Outcome
unknown
Case Type
Application
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Commercial lawDebt recoverySummary judgment procedure
Keywords
Summary judgmentAcknowledgment of debtSuretyshipMis-citationTobacco funding
Tags
Summary judgmentTobacco financingDebt recovery
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the mis-citation of the first defendant's name was material","issue_type":"procedural","dispositive":"no","related_facts":"First defendant cited variously as Pamuka Leaf Tobacco (Private) Limited, Pamuka Leaf Tobacco Company (Private) Limited, Pamuka (Private) Limited"}
- {"issue_text":"Whether summary judgment should be granted for the claimed amount","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff advanced money under tobacco funding agreement, defendants acknowledged liability"}
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background
Facts of the Case
Background
The plaintiff, a tobacco company, sought summary judgment against three defendants for US$419,435.40 plus interest based on a tobacco funding agreement and acknowledgments of debt. The defendants raised objections regarding mis-citation of the first defendant's name and denial of signing acknowledgment of debt documents.
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