CBZ Bank Ltd. v Nyamuyaruka (HC 8697 of 2015; HH 286 of 2016; Ref HC 4058 of 2012) [2016] ZWHHC 286 (18 May 2016)

CBZ Bank Ltd. v Nyamuyaruka (HC 8697 of 2015; HH 286 of 2016; Ref HC 4058 of 2012) [2016] ZWHHC 286 (18 May 2016)

The applicant failed to demonstrate that the two cases relate to different causes of action, given the same due date and mortgage bond. The existence of material uncertainty as to whether the debts are the same or different means summary judgment is inappropriate at this stage.

Source-derived case information.

Citation
[2016] ZWHHC 286
Parties
Applicant: CBZ Bank Limited; Respondent: Graver Nhamburo Nyamuyaruka
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
18 May 2016
Case Number
HC 8697 of 2015 ; HH 286 of 2016 ; Ref HC 4058 of 2012
Procedural Posture
Civil / Application for Summary Judgment
Outcome
application dismissed
Legal Topics
Summary Judgment, Lis Pendens, Suretyship, Overdraft Facility
Source Language
english
Civil Procedure Banking Law Summary Judgment Lis Pendens Suretyship Overdraft Facility

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Parties

CBZ Bank Limited

Applicant

Graver Nhamburo Nyamuyaruka

Respondent

Procedural Posture

Civil / Application for Summary Judgment

Legal Issues

  1. 1 Whether the defence of lis pendens is available to the respondent
  2. 2 Whether the applicant is entitled to summary judgment given the existence of a similar pending case
  3. 3 Whether the debts in the two cases are the same or different

Ratio Decidendi

The applicant failed to demonstrate that the two cases relate to different causes of action, given the same due date and mortgage bond. The existence of material uncertainty as to whether the debts are the same or different means summary judgment is inappropriate at this stage.

Court Disposition

application dismissed

Orders

  • The application for summary judgment fails and is dismissed with costs.