(1) COMMERCIAL BANK OF ZIMBABWE LTD V MM BUILDERS & SUPPLIERS (PVT) LTD & ORS 1996 (2) ZLR 420 (H)

(1) COMMERCIAL BANK OF ZIMBABWE LTD v MM BUILDERS & SUPPLIERS (PVT) LTD & ORS (2) Zimbabwe Banking Corp Ltd v Ferns Engineering (Pvt) Ltd & Ors (3) Zimbabwe Banking Corp Ltd & Ors v Maroodza (4) Commercial Bank of Zimbabwe Ltd v Machirori & Ors 1996 (2) ZLR 420 (H)

Flynote

Bank — overdraft — interest charged thereon — "capitalisation" of interest — meaning — whether interest charges added to total indebtedness can be regarded as part of capital sum due — repayments — should be appropriated to interest first, then to capital

Interest — amount — interest claimable in a summons not to exceed the capital sum due

Interest — in duplum rule — interest to stop running when it equals the unpaid capital — scope of rule — applies to all debts where capital sum is repaid together with interest — effect on piecemeal payments of interest to service a loan — such repayments not contrary to in duplum rule, even if total exceeds the capital

Interest — in duplum rule — agreement to waive rule — whether valid

Interest — from what date allowed — litigation — effect of — interest to run from date of judgment

Interest — computation — judgment debt — debt consisting of capital plus accrued interest — interest may be calculated on whole of judgment debt

Practice and procedure — pleadings — contents — claims for payment of a debt which includes interest on a capital sum or for arising out of overdraft — what must be shown in papers supporting claim