DEWERAS FARM (PVT) LTD & ORS v ZIMBABWE BANKING CORP 1997 (2) ZLR 47 (H)
Citation | 1997 (2) ZLR 47 (H) |
Case No | Judgment No. HH-112-97 |
Court | High Court, Harare |
Judge | Gillespie J |
Heard | 3 December 1996 |
Judgment | 2 July 1997 |
Counsel | T Nyambirai, for the applicants |
Case Type | Application for rescission of default judgment |
Annotations | Link to case annotations |
Flynote
Bank — statements — sending of statements regularly — whether customer who does not object should be held tacitly to agree with practice disclosed by statements — implied terms — whether a trade usage exists as to charging of interest on overdrawn accounts, etc — bank's discretion
Practice and procedure — default judgment — rescission — applicant previously in "wilful default" — meaning of wilful default — effect of such default — whether relief must inevitably be refused — deliberate default because of mistaken belief that no legal basis existed for resisting claim — such a default not necessarily disqualifying — finality in litigation — desirability of
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.