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Harare High Court
CHIPS ENTERPRISE SOLUTIONS (PRIVATE) LIMITED t/a PASTEL SOFTWARE ZIMBABWE v FLY CATCHER TRADING (PRIVATE) LIMITED
HH 332-21
Case Details
Court
Harare High Court
Date
30 June 2021
Citation
HH 332-21
Neutral Citation
[2021] ZWHH 332
Outcome
unknown
Case Type
Trial
Bench
Presiding
MANGOTA J
Full Bench
MANGOTA J
Areas of Law
Commercial lawCivil procedurePrescription
Keywords
Provisional sentence summonsLiquid documentPrescriptionAcknowledgement of debtStatutory Instrument 33 of 2019Statutory Instrument 142 of 2019
Tags
Debt recoveryProvisional sentenceAcknowledgement of debt
legislation
Statutes Cited
- Prescription Act
- Prescription Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiff's claim is prescribed given defendant's written acknowledgement of debt","issue_type":"procedural","dispositive":"no","related_facts":"Acknowledgement signed 3 August 2016, summons issued 23 July 2020"}
- {"issue_text":"Whether ZAR debt should be converted to local currency at 1:1 with USD per SI 33/19 and SI 142/19","issue_type":"law","dispositive":"yes","related_facts":"Debt denominated in ZAR, defendant paid USD portion"}
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background
Facts of the Case
Background
The defendant executed an acknowledgement of debt on 3 August 2016 acknowledging indebtedness to plaintiff in US$31,780.80 and ZAR 458,799.80 with 10% interest. Defendant paid the USD amount but left the ZAR amount unpaid. Plaintiff sued for recovery of ZAR 458,799.80 via provisional sentence summons issued 23 July 2020. Defendant opposed claiming prescription and that the debt should be paid in local currency at 1:1 with USD per SI 33/19 and SI 142/19.
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