AFRICAN BANKING CORPORATION OF ZIMBABWE LTD v PFUMOJENA 2014 (2) ZLR 514 (H)

2014 (2) ZLR p514

Flynote

Contract – compromise – meaning of – what amounts to – effect thereof upon the original agreement – compromise must be certain – offer not substantially varying conditions of original contract – no compromise formed

Contract – performance – mora in persona – meaning of performance of contract not agreed upon – when necessary to place a defendant in mora

Contract – suretyship – grant by creditor to debtor of extension of time within which to pay – effect thereof upon obligations of surety – no automatic discharge of surety's obligations unless surety suffers prejudice arising from such extension of time

Contract – suretyship – renunciation of benefit of excussion by a surety – effect thereof upon right of surety against creditor

Suretyship – surety – discharge of – extension of time granted to principal debtor after due date – surety not thereby released unless he can demonstrate prejudice

Words and phrases – mora in persona – meaning of – date for the performance of the contract not agreed upon by the parties – circumstances where necessary to place a party to the contract in mora