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STANBIC BANK ZIMBABWE LTD v CEEZED CONSTRUCTION (PVT) LTD & ORS 2015 (2) ZLR 371 (H)

Citation

2015 (2) ZLR 371 (H)

Case No

Judgment No. HH-716-15

Court

High Court, Harare

Judge

Mtshiya J

Heard

2 September 2015

Judgment

2 September 2015

Counsel

T Mpofu, for the plaintiff
T Magwaliba, for the second and third defendants

Case Type

Civil trial

Annotations

Flynote

Practice and procedure – High Court Rules – import of Order 3 rule 13(5) of the High Court Rules considered – effect of rule where surety sued – principal debtor having already had judgment taken against it.

Contract law – deed of settlement – deed of settlement concluded between creditor and principal debtor – whether discharges the liability of sureties.

Company law – judicial management – principal debtor against whom judgment taken placed under judicial management – whether circumstance bar to the plaintiff proceeding against sureties.

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