KUFANDIRORI v CHIPURIRO & ORS 2004 (1) ZLR 74 (H)
Citation | 2004 (1) ZLR 74 (H) |
Case No | Judgment No. HH-12-04 |
Court | High Court, Harare |
Judge | Bhunu J |
Heard | 23 October 2003 |
Judgment | 28 January 2004 |
Counsel | R Fitches, for the applicant |
Case Type | Civil application |
Annotations | Link to case annotations |
Flynote
Contract — pledge — rights of pledgor — retains ownership of property — pledgee must seek redress for default through legal process
Contract — pactum commissorium — unlawful and unenforceable
Statutes — Contractual Penalties Act [Chapter 8:04] — s 4 — when penalty clause invalid — relief granted when disproportionate prejudice to creditor
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