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Harare High Court
Ndlovu, Bvekerwa and Company Chartered Certified Accountants v Goldfix (Private) Limited and Jotham Mnaba and The Registrar of Deeds NO
HH 74-2013
Case Details
Court
Harare High Court
Date
12 March 2013
Citation
HH 74-2013
Neutral Citation
[2013] ZWHH 74
Outcome
unknown
Case Type
Application
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Commercial LawBanking & Finance
Keywords
Moneylending and Rates of Interest ActPrescribed interest rateMortgage bond registrationAcknowledgment of debt
Tags
MoneylendingInterest ratesMortgage bondDebt recovery
legislation
Statutes Cited
- Moneylending and Rates of Interest Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant, as an unregistered moneylender, could enforce interest exceeding the prescribed rate","issue_type":"law","dispositive":"yes","related_facts":"Applicant charged 8% monthly interest; not registered under Moneylending and Rates of Interest Act"}
- {"issue_text":"Whether the alternative claims for mortgage bond registration and interdict were competent","issue_type":"law","dispositive":"no","related_facts":"Applicant failed to register bond; third party registered caveat"}
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background
Facts of the Case
Background
The applicant, a chartered accounting firm, lent money to the first respondent company and sought to enforce repayment and register a mortgage bond. The court found the applicant was acting as an unregistered moneylender and could only claim the outstanding capital plus prescribed interest, not the excessive interest claimed.
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