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Harare High Court

THOMAS MEIKLES STORES LTD versus RICHARD MUVIRIMI and KAMURAYI MAMBAYO

HH 99-2005

Case Details

Court
Harare High Court
Date
23 November 2005
Citation
HH 99-2005
Neutral Citation
[2005] ZWHH 99
Outcome
unknown
Case Type
Application

Bench

Presiding
BHUNU J
Full Bench
BHUNU J
Areas of Law
Commercial LawBanking LawLaw of Contract
Keywords
ChequeSignatureRepresentative CapacityPersonal LiabilitySummary Judgment
Tags
Bills of ExchangeBanking & FinanceAgencyPersonal Liability
legislation
Statutes Cited
  • Bills of Exchange Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the respondents are personally liable on the cheque despite signing without expressly disclaiming personal liability","issue_type":"law","dispositive":"yes","related_facts":"Respondents signed cheque without \"p.p\" or \"for\"; company name and account number inscribed on cheque"}
  • {"issue_text":"Whether the inscription of company name and account number on the cheque is sufficient to exclude personal liability by inference","issue_type":"law","dispositive":"yes","related_facts":"Cheque clearly inscribed with name and bank account number of respondents' principal"}
  • {"issue_text":"Whether summary judgment should be granted where respondents have raised a triable issue","issue_type":"procedural","dispositive":"yes","related_facts":"Respondents pointed to a possible valid defence"}
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background
Facts of the Case

Background

Both respondents were employees and authorised signatories for Century Discount House Limited. They issued and signed a cheque for $757 024 582.47 on behalf of their employer without using qualifying words like "p.p" or "for" to indicate representative capacity. The cheque was dishonoured after Century Discount House was placed under provisional liquidation. The applicant sued the respondents in their personal capacities.
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