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Harare High Court

ZIMBABWE DEVELOPMENT BANK v GENERAL ACCIDENT INSURANCE COMPANY

HH 167-12

Case Details

Court
Harare High Court
Date
27 September 2001
Citation
HH 167-12
Neutral Citation
[2012] ZWHH 167
Outcome
unknown
Case Type
Application

Bench

Presiding
CHIWESHE J
Full Bench
CHIWESHE J
Areas of Law
Contract LawBanking & Finance Law
Keywords
guaranteeterminationprescriptioncontinuing guaranteesingle transaction
Tags
guaranteebankingcontract law
legislation
Statutes Cited
  • NOT EXPRESSLY CITED
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Was the defendant entitled at law to terminate the guarantee on notice?","issue_type":"law","dispositive":"yes","related_facts":"The guarantee was for a single transaction and the defendant attempted to terminate it"}
  • {"issue_text":"Did the plaintiff accept the termination?","issue_type":"fact","dispositive":"yes","related_facts":"Plaintiff's conduct in not challenging cancellation and returning the guarantee"}
  • {"issue_text":"Has plaintiff's claim prescribed?","issue_type":"law","dispositive":"yes","related_facts":"The guarantee was for an indefinite period"}
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background
Facts of the Case

Background

The plaintiff bank lent money to African Savanna Touring (Pvt) Ltd, and the defendant insurance company guaranteed this indebtedness up to Z$600,000.00. When the borrower defaulted, the bank obtained judgment against it. The defendant attempted to terminate the guarantee by notice, but the bank argued the guarantee was for a single transaction and could not be terminated, while the defendant claimed entitlement to terminate and raised prescription.
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