Standard Chartered Bank Zimbabwe Limited v Dexter Tawona Nduna and Scholastica Nduna

HH 723-17

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Case Details

Court

Harare High Court

Date

26 October 2017

Citation

HH 723-17

Neutral Citation

[2017] ZWHH 723

Outcome

unknown

Case Type

Application

Bench

Presiding

MANGOTA J

Full Bench

MANGOTA J

Areas of Law

Insolvency LawBanking LawCivil Procedure

Keywords

sequestrationinsolvencyjudgment debtexecutionnulla bona

Key Issues

{"issue_text":"Whether respondents committed an act of insolvency under section 11(b) of the Insolvency Act","issue_type":"mixed","dispositive":"yes","related_facts":"Unsatisfied judgment debt, nulla bona returns, no payments made"}
{"issue_text":"Whether applicant met requirements for sequestration under section 12 and 13 of the Insolvency Act","issue_type":"law","dispositive":"yes","related_facts":"Applicant is judgment creditor with liquidated claim"}
{"issue_text":"Whether respondents have sufficient means to satisfy the judgment debt","issue_type":"fact","dispositive":"no","related_facts":"Claims of farming income, cattle ownership, vehicle and property ownership"}

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background

Facts of the Case

Background

The respondents, husband and wife, obtained a loan from the applicant bank but failed to service it. The bank obtained a judgment for provisional sentence against them for $231,171.60 with interest, which remained unsatisfied despite multiple execution attempts returning nulla bona. The respondents opposed the sequestration application claiming they had sufficient assets and means to pay.

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