BANK OF CREDIT AND COMMERCE ZIMBABWE LTD v UDC LTD 1990 (2) ZLR 397 (S)
Citation | 1990 (2) ZLR 397 (S) |
Case No | Details not supplied |
Court | Supreme Court, Harare |
Judge | McNally JA, Korsah JA & Ebrahim JA |
Heard | 22 October 1990 |
Judgment | 20 December 1990 |
Counsel | A P de Bourbon SC for the appellant |
Case Type | Civil appeal |
Annotations | No case annotations to date |
Flynote
Bank — collecting bank — defined — what acts performed by collecting bank.
Bank — liability as collecting bank — special clearance — duty to drawer of cheque — negligence.
Bills of Exchange Act [Chapter 277] s 6(3) — cheque payable to non-existent payee — protection not available where payer did not deal in good faith or without negligence or notice of irregularity.
Cheque — restrictive crossing "not negotiable a/c payee only" — rights and duties of collecting and paying banks.
Delict — negligence — causation — barker' s duty to drawer of restrictively crossed cheque.
Negligence — apportionment of liability — facts giving rise to apportionment.
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