The plaintiff, a commercial bank which is in liquidation, instituted an action against the defendants claiming payment of the following:
“(a) US$983149-19 being capital.
(b) US$124 432-12 being interest
(c) interest on the sum of US$983 149-19 at the penalty rate of 10% per annum over and above the rate of interest applicable to the first defendant’s overdraft from time to time from the 20th of May 2015 to date of full payment.”
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The parties referred to the court for determination as a stated case the single legal issue “whether costs of suit on an attorney client scale and collection commission as provided for under the Law Society of Zimbabwe By-laws (1982) are payable by the first and third defendants jointly and severally, the one paying the other to be absolved, and if not, to determine the appropriate scale of costs”.
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