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Supreme Court
Rio Zimbabwe Limited v Afrasia Bank Limited (In Liquidation)
[2021] ZWSC 55
Case Details
Court
Supreme Court
Date
17 May 2021
Citation
[2021] ZWSC 55
Judgment No.
SC 55/21
Outcome
unknown
Case Type
Application
Bench
Presiding
CHITAKUNYE AJA
Full Bench
MAVANGIRA JABHUNU JACHITAKUNYE AJA
Areas of Law
Banking LawCivil ProcedureContract Law
Keywords
rescissiondeed of settlementrule 449default judgmentcompromise
Tags
rescission of judgmentdeed of settlementbanking disputeoverdraft facility
legislation
Statutes Cited
- High Court Rules, 1971
- Supreme Court Rules, 2018
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the judgment of the court in SC 116/18 ought to be rescinded in terms of r 449","issue_type":"procedural","dispositive":"yes","related_facts":"Filing of plea and counterclaim after High Court judgment"}
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background
Facts of the Case
Background
The appellant sought rescission of a Supreme Court judgment that had set aside a High Court decision declaring a deed of settlement unenforceable. The dispute arose from banking transactions where the respondent claimed payment under an overdraft facility, leading to a deed of settlement in 2013. When the appellant failed to pay, the respondent sought enforcement, but the High Court found the deed unenforceable. The Supreme Court reversed this on appeal. The appellant now seeks rescission claiming the court was unaware of a counterclaim filed after the High Court judgment.
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