Katerere v Standard Chartered Bank Zimbabwe Ltd (HB 51 of 2008; HC 1842 of 2006) [2002] ZWBHC 41 (21 May 2002)

The plaintiff’s evidence, assumed true at this stage, could lead a reasonable court to find for him; the timing of the application for absolution was premature as the defendant’s evidence had not yet been heard.

Citation: [2002] ZWBHC 41
Parties: Plaintiff: Nobert Katerere; Defendant: Standard Chartered Bank Zimbabwe Ltd
Court: Bulawayo High Court
Jurisdiction: Zimbabwe
Judgment Date: 21 May 2002
Case Number: HB 51 of 2008 ; HC 1842 of 2006
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, Investment Accounts, Burden of Proof
Source Language: English

Civil Procedure Banking Law Absolution From the Instance Investment Accounts Burden of Proof

Case Brief

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Parties

Nobert Katerere

Plaintiff

Standard Chartered Bank Zimbabwe Ltd

Defendant

Procedural Posture

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

Legal Issues

1 Whether the plaintiff established a prima facie case against the defendant at the close of his case
2 Whether there was an undertaking by the defendant to convert interest and capital into Pound Sterling

Ratio Decidendi

Court Disposition

application for absolution from the instance dismissed

Orders

Defendant’s application for absolution from the instance at the close of the plaintiff’s case is dismissed.