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MADONDO NO v ZIMBANK 2008 (1) ZLR 102 (H)

2008 (1) ZLR p102

Citation

2008 (1) ZLR 102 (H)

Case No

Judgment No. HH-4-08

Court

High Court, Harare

Judge

Garwe JA

Heard

4 April 2006; 15 February 2007; 15 November 2007

Judgment

30 January 2008

Counsel

Mutangamira & Associates, applicant's legal practitioners
Gill, Godlonton & Gerrans, respondent's legal practitioners

Case Type

Opposed application

Annotations

No case annotations to date

Flynote

Bank — overdraft — when an overdraft can be said to have been agreed upon — bank continuing to honour client's cheques even when insufficient funds stood in client's account — bill deposited as security for overdraft — bank not entitled to negotiate bill

Insolvency — undue preference — disposition made in ordinary course of business — what is — bank belatedly insisting on security for overdraft and then securing only a fraction of amount lent — bank not entitled to liquidate security

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