FBC BANK LTD v DUNLETH ENTERPRISES (PVT) LTD & ORS 2014 (2) ZLR 595 (H)
Citation | 2014 (2) ZLR 595 (H) |
Case No | Judgment No. HH-568-14 |
Court | High Court, Harare |
Judge | Zhou J |
Heard | 9 & 30 September, 3 October 2013; CAV |
Judgment | 22 October 2014 |
Counsel | P Nyeperayi, for the plaintiff |
Case Type | Civil trial |
Annotations | No case annotations to date |
Flynote
Contract – mistake – party signing contract in blank and leaving it to other party to complete – when first party may escape liability
Contract – written agreements – written agreement signed in blank – blank spaces completed by the other party thereto – effect thereof – application of the caveat subscriptor principle – written suretyship agreements – possible defences open to the party who has signed the agreement in blank.
Costs – award of costs on the scale of attorney and client – no justification for claiming collection commission in addition thereto
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