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Harare High Court

China Shougang International v Standard Chartered Bank Zimbabwe Limited

HH 310-11

Case Details

Court
Harare High Court
Date
23 November 2011
Citation
HH 310-11
Neutral Citation
[2011] ZWHH 310
Outcome
unknown
Case Type
Application

Bench

Presiding
Bere J
Full Bench
Bere J
Areas of Law
Banking lawCommercial lawExchange control regulations
Keywords
foreign currency accountunauthorized debitReserve Bank directivebanker-customer relationship
Tags
banking lawforeign currency accountsexchange controlunauthorized debit
legislation
Statutes Cited
  • Exchange Control Regulations, 1996
  • Exchange Control Regulations, 1996
ai analysis
Case Summary

Key Issues

  • {"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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