TOTAL Zimbabwe v Bakari (HC 2357 of 2014; HH 222 of 2016) [2016] ZWHHC 222 (30 March 2016)
The court found that the deed of suretyship was valid, all formal requirements were met, and the defendant knowingly bound himself as surety and co-principal debtor for SM Tyres. The defendant failed to discharge the onus to show he did not intend to be bound. Judgment was entered for the plaintiff.
- Citation
- [2016] ZWHHC 222
- Parties
- Plaintiff: Total Zimbabwe (Pvt) Ltd; Defendant: Ronald Bakari
- Court
- Harare High Court
- Jurisdiction
- Zimbabwe
- Judgment Date
- 30 March 2016
- Case Number
- HC 2357 of 2014 ; HH 222 of 2016
- Procedural Posture
- Civil / Trial Judgment
- Outcome
- judgment for plaintiff
- Legal Topics
- Suretyship, Debt Recovery, Contractual Liability
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Total Zimbabwe (Pvt) Ltd
Plaintiff
Ronald Bakari
Defendant
Procedural Posture
Civil / Trial Judgment
Legal Issues
- 1 Whether the claim against the defendant is prescribed
- 2 Whether the deed of suretyship signed by the defendant in favour of the plaintiff is valid
- 3 Whether the defendant is liable to the plaintiff for the sum of $37,497.42
Ratio Decidendi
The court found that the deed of suretyship was valid, all formal requirements were met, and the defendant knowingly bound himself as surety and co-principal debtor for SM Tyres. The defendant failed to discharge the onus to show he did not intend to be bound. Judgment was entered for the plaintiff.
Court Disposition
judgment for plaintiff
Orders
- Payment in the sum of $37,497.42
- Interest at 5% per annum from January 2013 to date of payment in full
Full Case Text
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