{"issue_text":"Was it competent for applicant to institute proceedings by way of motion proceedings rather than summons?","issue_type":"procedural","dispositive":"no","related_facts":"No material disputes of fact existed"}
{"issue_text":"Did the applicant target the wrong respondent by suing the bank instead of Reserve Bank of Zimbabwe?","issue_type":"procedural","dispositive":"no","related_facts":"Contractual relationship existed between applicant and respondent bank"}
{"issue_text":"Was the respondent entitled to debit applicant's accounts pursuant to Reserve Bank directive?","issue_type":"legal","dispositive":"yes","related_facts":"Directive was not published in Gazette as required by Exchange Control Regulations"}
{"issue_text":"Did the respondent breach its contractual duty to protect applicant's deposits?","issue_type":"legal","dispositive":"yes","related_facts":"Bank failed to verify lawfulness of directive before debiting accounts"}
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background
Facts of the Case
Background
The applicant, a foreign investor company refurbishing Zisco Steel blast furnaces, held two corporate accounts with Standard Chartered Bank's Kwekwe branch. In October 2007, the bank debited US$47,739.86 from these accounts without consent, claiming it acted under Reserve Bank of Zimbabwe directive to transfer all corporate foreign currency balances to the Reserve Bank and maintain mirror accounts.
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