DUMBURA v MUHWEHWESA & ANOR 2010 (2) ZLR 62 (H)
Citation | 2010 (2) ZLR 62 (H) |
Case No | Judgment No. HH-80-09 |
Court | High Court, Harare |
Judge | Kudya J |
Heard | 3 July 2009 |
Judgment | 15 July 2009 |
Counsel | M E Motsi, for the plaintiff |
Case Type | Civil trial |
Annotations | No case annotations to date |
Flynote
Contract - pactum commissorium - void and unenforceable -permission of court necessary in order to perfect the security
Contract - validity - contract induced by undue pressure and extortion - no part of the contract severable - contract void and unenforceable
Practice and procedure - onus of proof - allegation of fraud in civil proceedings - criminal connotation thereof— need for proof of such allegation beyond reasonable doubt required
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