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

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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