Afrasia Bank Ltd. v Drummond Ranching (Pvt) Ltd & Ors (HC 4342 of 2014; HH 237 of 2017) [2017] ZWHHC 237 (3 April 2017)

Afrasia Bank Ltd. v Drummond Ranching (Pvt) Ltd & Ors (HC 4342 of 2014; HH 237 of 2017) [2017] ZWHHC 237 (3 April 2017)

The plaintiff led unrebutted evidence of a written facility agreement, access to funds by the first defendant, and a certificate of indebtedness, all of which constitute sufficient evidence upon which a court might find for the plaintiff. The application for absolution from the instance is therefore dismissed.

Citation
[2017] ZWHHC 237
Parties
Plaintiff: Afrasia Bank Limited; Defendant: Drummond Ranching (Private) Limited; Defendant: Chikasha Investments (Private) Limited; Defendant: Big S (Private) Limited; Defendant: Bubiana Development (Private) Limited; Defendant: Jenteam Holsings (Private) Limited; Defendant: Mikedi (Private) Limited; Defendant: Kenneth David Drummond; Defendant: Dianne Margaret Drummond
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
3 April 2017
Case Number
HC 4342 of 2014 ; HH 237 of 2017
Procedural Posture
Civil / Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
application for absolution from the instance dismissed
Legal Topics
Absolution From the Instance, Summary Judgment, Costs
Source Language
English
Civil Procedure Banking Law Absolution From the Instance Summary Judgment Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Afrasia Bank Limited

Plaintiff

Drummond Ranching (Private) Limited

Defendant

Chikasha Investments (Private) Limited

Defendant

Big S (Private) Limited

Defendant

Bubiana Development (Private) Limited

Defendant

Jenteam Holsings (Private) Limited

Defendant

Mikedi (Private) Limited

Defendant

Kenneth David Drummond

Defendant

Dianne Margaret Drummond

Defendant

Procedural Posture

Civil / Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the defendants are entitled to absolution from the instance at the close of the plaintiff's case
  2. 2 Whether the plaintiff has adduced sufficient evidence to require the defendants to answer

Ratio Decidendi

The plaintiff led unrebutted evidence of a written facility agreement, access to funds by the first defendant, and a certificate of indebtedness, all of which constitute sufficient evidence upon which a court might find for the plaintiff. The application for absolution from the instance is therefore dismissed.

Court Disposition

application for absolution from the instance dismissed

Orders

  • The application for absolution from the instance is dismissed.
  • The defendants, jointly and severally, the one paying the others to be absolved, shall pay the plaintiff’s costs relative to the application for absolution from the instance on the attorney–client scale.