ANGLO-AFRICAN SHIPPING CO (CA) (PVT) LTD v TRINITY ENGINEERING (PVT) LTD & ANOTHER 1984 (2) ZLR 199 (H)
Citation | 1984 (2) ZLR 199 (H) |
Case No | Details not supplied |
Court | High Court, Harare |
Judge | Smith J |
Heard | 18 October 1984 |
Judgment | 28 November 1984 |
Counsel | J B Colegrave, for the Plaintiff |
Case Type | Details not supplied |
Annotations | Link to case annotations |
Flynote
Statutes — Usury Act [Chapter 299] — money-lending — whether a transaction is one of money-lending — discounting of bills of exchange and factoring of invoices — where such may be regarded as money-lending transactions. Contract — money-lending — interest claimed in excess of that allowed under Usury Act — Plaintiff riot precluded thereby from recovering capital amount plus interim allowed in terms of Act. Practice and procedure — application for summary judgment — unliquidated counterclaim raised as defence — where such counterclaim will probably be appreciably less than main claim and no payment into Court made, not a bona fide defence for purposes of resisting summary judgment.
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