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KARIMAZONDO v STANDARD CHARTERED BANK ZIMBABWE 1995 (2) ZLR 404 (S)

1995 (2) ZLR p404

Citation

1995 (2) ZLR 404 (S)

Case No

Judgment No. S-224-95

Court

Supreme Court, Harare

Judge

McNally JA, Korsah JA & Muchechetere JA

Heard

30 November 1995

Judgment

7 December 1995

Counsel

T N Malunga for the appellant
M J Gillespie for the respondent

Case Type

Appeal against refusal to grant rescission of summary judgment

Annotations

Link to case annotations

Flynote

Practice and procedure — summary judgment — rescission — principles — applicant in wilful default — meaning — effect of being in wilful default

Contract — enforceability — public policy — when contract may be declared void on grounds of public policy — principles

Contract — suretyship — terms — provision whereby certificate of balance provided by creditor is "conclusive proof" of balance — contrary to public policy

Contract — divisibility — illegal clause in contract — when may be treated as severable — test of severability

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