ZB BANK LIMITED v FIRST DEFENDANT & ANOTHER

HH 558-17

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Case Details

Court

Harare High Court

Date

31 August 2017

Citation

HH 558-17

Neutral Citation

[2017] ZWHH 558

Outcome

unknown

Case Type

Application

Bench

Presiding

CHIWESHE JP

Full Bench

CHIWESHE JP

Areas of Law

Contract LawBanking Law

Keywords

Summary JudgmentLoan DefaultSuretyshipInterest RateMonetary Policy

Key Issues

{"issue_text":"Whether the first defendant has raised a bona fide defence to the applicant's claim","issue_type":"fact","dispositive":"yes","related_facts":"First defendant's failure to deny receiving the loan and her admission of proposing a payment plan"}
{"issue_text":"Whether the applicant is entitled to summary judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's proof of loan agreement and first defendant's lack of defence"}
{"issue_text":"Whether the first defendant's point in limine regarding the authority of the deponent should succeed","issue_type":"procedural","dispositive":"no","related_facts":"Jeff Rukwati is the plaintiff's District Manager"}

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background

Facts of the Case

Background

The applicant (ZB Bank) advanced a personal loan of $7,400.00 to the first defendant, which defaulted on repayment. The bank issued summons claiming $12,087.49 comprising capital, interest, and bank charges. The bank then applied for summary judgment, arguing the first defendant had no bona fide defence. The first defendant opposed, claiming her employer guaranteed the loan and that the employer's director misappropriated part of the loan, but failed to provide documentary evidence to support these claims.

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