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ELLSE v JOHNSON 2017 (2) ZLR 86 (S)

2017 (2) ZLR p86

Citation

2017 (2) ZLR 86 (S)

Case No

Judgment No. SC-49-17

Court

Supreme Court, Harare

Judge

Garwe, Guvava and Uchena JJA

Heard

22 September 2016

Judgment

27 July 2017

Counsel

Mr Sibanda, for the appellant
Mr Stewart, for the respondent

Case Type

Civil appeal

Annotations

Flynote

Suretyship – borrower contracting as surety for own debt – surety agreement a nullity.

Moneylending and Rates of Interest Act [Chapter 14:14] – lenders distinguished from moneylenders – Lender charging interest above prescribed rate of interest – effect on agreement – borrower's right to recover excess interest paid.

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