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Harare High Court
Delta Beverages (Private) Limited v Honeytech Investments (Pvt) Ltd (In liquidation) and Trenchtower Farming (Pvt) Ltd
HH 310-21
Case Details
Court
Harare High Court
Date
23 June 2021
Citation
HH 310-21
Neutral Citation
[2021] ZWHH 310
Outcome
unknown
Case Type
Application
Bench
Presiding
Chiweshe JP
Full Bench
Chiweshe JP
Areas of Law
Commercial lawInsolvency lawBanking and finance
Keywords
InterpleaderStop orderLiquidationDuressPreference
Tags
Interpleader proceedingsInsolvencyStop ordersDuressVoidable preference
legislation
Statutes Cited
- Insolvency Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Honeytech acted under duress when instructing payment to Trenchtower","issue_type":"mixed","dispositive":"yes","related_facts":"Threats of lease cancellation and ZESA disconnection"}
- {"issue_text":"Whether the dispositions constituted voidable preferences under section 26 of the Insolvency Act","issue_type":"law","dispositive":"yes","related_facts":"Timing of dispositions relative to liquidation, alleged excess of liabilities over assets"}
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background
Facts of the Case
Background
Delta Beverages extended a US$384,000 loan to Honeytech Investments for barley cultivation. Honeytech delivered 730.30 tons of barley valued at US$444,022.40. Honeytech issued stop orders instructing Delta to pay Trenchtower Farming US$132,600 and US$29,000 respectively. Later Honeytech withdrew the instructions claiming duress, while Trenchtower insisted on payment. Delta filed interpleader proceedings to determine the rightful claimant.
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