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Harare High Court
Anderson Learnmore Danda v Sub-Saharan Management Consultants (Private) Limited and Registrar of Deeds (N.O.) and Sheriff of Zimbabwe (N.O.)
HH 290-21
Case Details
Court
Harare High Court
Date
11 June 2021
Citation
HH 290-21
Neutral Citation
[2021] ZWHH 290
Outcome
unknown
Case Type
Application
Bench
Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Banking & Finance LawContract LawMonetary Law
Keywords
Mortgage bond cancellationRTGS dollarSI 33 of 2019Legal tenderUnjust enrichment
Tags
Mortgage bondDebt repaymentCurrency conversionStatutory Instrument 33 of 2019Finance Act
legislation
Statutes Cited
- Finance Act (No.2) of 2019
- Finance Act (No.2) of 2019
- Reserve Bank of Zimbabwe Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"In what currency should the alleged debt of US$11,029.09 be repaid?","issue_type":"law","dispositive":"yes","related_facts":"Original loan in ZWL; SI 33 of 2019; Finance Act; no foreign currency agreement"}
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background
Facts of the Case
Background
The applicant sought an order compelling the first respondent to consent to the cancellation of a mortgage bond registered in 2004, asserting that the loan had been repaid. The respondent denied repayment and demanded payment in US dollars, while the applicant offered to pay in RTGS dollars under SI 33 of 2019. The court found that the debt, originally in ZWL, must be discharged in RTGS dollars at a one-to-one rate with the US dollar as per the Finance Act.
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