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Harare High Court
Steward Bank Limited v Kangai Mauka
HH 567-17
Case Details
Court
Harare High Court
Date
29 August 2017
Citation
HH 567-17
Neutral Citation
[2017] ZWHH 567
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIWESHE JP
Full Bench
CHIWESHE JP
Areas of Law
Banking LawCivil Procedure
Keywords
summary judgmentprescriptionloan agreementdemand loanmaturity date
Tags
summary judgmentprescriptionbankingloan agreement
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"When does prescription commence to run given multiple possible scenarios for when debt became due?","issue_type":"mixed","dispositive":"yes","related_facts":"Multiple demand dates and maturity date create uncertainty"}
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background
Facts of the Case
Background
The plaintiff bank claimed $47,808 from the defendant arising from a personal loan of $46,000 advanced in August 2012. The defendant raised prescription as a defence, creating uncertainty about when the debt became due and prescription began to run.
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