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Harare High Court
Munyuki Robert Armitage Chikwavira v Produprade (Private) Limited and Registrar of Deeds, Harare
HH 252-10
Case Details
Court
Harare High Court
Date
10 November 2010
Citation
HH 252-10
Neutral Citation
[2010] ZWHH 252
Outcome
unknown
Case Type
Application
Bench
Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Banking & FinanceProperty Law
Keywords
mortgage bondsuretydebt dischargecancellation
Tags
Mortgage bondSuretyshipBanking & Finance
legislation
Statutes Cited
- Prescribed Rate of Interest Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Has the applicant fully discharged his obligations under the mortgage bond so as to entitle him to cancellation?","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant paid principal and interest; costs remain unpaid; damages claim pending"}
- {"issue_text":"Does the damages claim fall within the scope of the suretyship agreement?","issue_type":"law","dispositive":"no","related_facts":"Mortgage bond wording \"any cause of debt whatsoever\"; damages claim for delay"}
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background
Facts of the Case
Background
Applicant provided his immovable property as security for flour supplied by respondent to Continental Bakeries (Pvt) Ltd. After paying the principal debt and interest, applicant sought cancellation of the mortgage bond and return of his title deeds, claiming full discharge of obligations. Respondent opposed, contending applicant had not fully discharged all obligations under the continuing suretyship.
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