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Harare High Court
Munash Shava v African Banking Corporation (BancABC) and Chirimuuta and Associates
HH 742-18
Case Details
Court
Harare High Court
Date
14 November 2018
Citation
HH 742-18
Neutral Citation
[2018] ZWHH 742
Outcome
unknown
Case Type
Application
Bench
Presiding
Mushore J
Full Bench
Mushore J
Areas of Law
Banking LawCivil Procedure
Keywords
rescissioncollection commissionloan facilityStandard Terms and Conditions
Tags
rescission of judgmentcollection commissionloan agreement
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court order for collection commission and costs should be rescinded","issue_type":"mixed","dispositive":"yes","related_facts":"Standard Terms and Conditions clause 13.3; applicant paid capital amount; 3.5 year delay"}
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background
Facts of the Case
Background
Applicant sought rescission of a 2014 default judgment ordering payment of collection commission and costs, arguing the loan agreement was silent on these charges. The court found the Standard Terms and Conditions clearly provided for such charges and dismissed the application.
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