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AFRASIA BANK ZIMBABWE LTD (UNDER LIQUIDATION) v RIOZIM LTD 2019 (3) ZLR 657 (S)

2019 (3) ZLR p657

Citation

2019 (3) ZLR 657 (S)

Case No

Judgment No. Civil appeal

Court

Supreme Court, Harare

Judge

Gwaunza DCJ, Patel JA & Bere JA

Heard

5 June 2018

Judgment

4 October 2019

Counsel

F Siyakurima, for the appellant
T Mpofu, for the respondent

Case Type

Civil appeal

Annotations

Flynote

Contract – compromise – effect of – creditor applying for judgment in terms of compromise agreement – debtor opposing application on basis deed was invalid because of erroneous calculations – debtor adopting wrong procedure – should have brought counterclaim

Practice and procedure – default judgment – application for – application based on deed of compromise – respondent opposing claim on basis that deed was invalid due to errors contained therein – not a basis for opposition

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