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Harare High Court
Old Mutual Life Assurance Company (Private) Limited v D. L. Makgatho
HH 39-2007
Case Details
Court
Harare High Court
Date
6 June 2007
Citation
HH 39-2007
Neutral Citation
[2007] ZWHH 39
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKARAU JP
Full Bench
MAKARAU JP
Areas of Law
Civil ProcedureContract LawBanking & Finance
Keywords
execution pending appealbursarysuretyshipforeign currency liabilityrestitution
Tags
execution pending appealsuretyshipbursary agreementforeign currency
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Should leave be granted to execute judgment pending appeal?","issue_type":"procedural","dispositive":"yes","related_facts":"Judgment entered 2006-09-13, appeal noted SC 260/06, respondent has limited prospects of success"}
- {"issue_text":"Is the appeal noted for bona fide purpose or merely to delay execution?","issue_type":"mixed","dispositive":"no","related_facts":"Respondent's limited prospects of success, timing of appeal"}
- {"issue_text":"Should liability be in foreign currency or local currency?","issue_type":"law","dispositive":"no","related_facts":"Payment made in Rands to Cape Town University, issue not raised at trial"}
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background
Facts of the Case
Background
The applicant company awarded a bursary to Fortune Makgatho (respondent's son) for actuarial studies at University of Cape Town in 1995. The respondent signed as surety and co-principal debtor. When Fortune failed to meet academic conditions, the bursary converted to a loan. The applicant obtained judgment against the respondent for $121.52 and R201,750.08 plus interest. The respondent noted an appeal (SC 260/06), and the applicant sought leave to execute pending appeal.
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