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Supreme Court
Robert Morley Tindwa v ZB Bank Ltd
[2019] ZWSC 3
Case Details
Court
Supreme Court
Date
25 July 2019
Citation
[2019] ZWSC 3
Judgment No.
SC 3/19
Outcome
unknown
Case Type
Appeal
Bench
Presiding
BHUNU JA
Full Bench
GUAVA JABHUNU JAUCHENA JA
Areas of Law
Banking LawContract LawCommercial Law
Keywords
guaranteesurety bondmortgageloan facilitycontract interpretationall liabilities guarantee
Tags
guaranteesuretymortgage bondbanking lawcontract interpretation
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appellant is entitled to release from the surety bond and guarantee","issue_type":"law","dispositive":"yes","related_facts":"Appellant signed unlimited guarantee; partial payment received by bank"}
- {"issue_text":"Whether the appellant is indebted to the respondent as per the counterclaim","issue_type":"law","dispositive":"yes","related_facts":"Outstanding balance after partial recovery from Agro Chemicals"}
- {"issue_text":"Whether extension of time to pay constituted material variation discharging the surety","issue_type":"law","dispositive":"no","related_facts":"Appellant participated in time to pay negotiations"}
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background
Facts of the Case
Background
The appellant, a shareholder and director of Oxford Agrochemicals (Pvt) Ltd, stood as guarantor and surety for the company's loan facility with ZB Bank Ltd. After the company defaulted and the bank recovered partial payment, the appellant sought release from his obligations claiming his liability was limited to specific amounts. The High Court found his liability was unlimited under the guarantee and surety bond.
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