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Supreme Court
Engen Petroleum Zimbabwe (Private) Limited v Lithotec (Private) Limited t/a Frame Work Media
SC 75/24
Case Details
Court
Supreme Court
Date
25 July 2024
Citation
SC 75/24
Neutral Citation
[2024] ZWSC 75
Outcome
unknown
Case Type
Appeal
Bench
Presiding
KUDYA JA
Full Bench
BHUNU JAKUDYA JAMWAYERA JA
Areas of Law
Contract lawCorporate lawCurrency law
Keywords
Single economic entity principleLiquid documentForeign currency paymentCorporate veil piercing
Tags
Contract lawSingle economic entityCorporate veilForeign currency obligations
legislation
Statutes Cited
- Presidential Powers (Temporary Measures) (Amendment of Reserve Bank of Zimbabwe Act and Issue of Real Time Gross Settlement Electronic Dollars (RTGS Dollars) Regulations, 2019
- Exchange Control (Exclusive Use of Zimbabwe Dollar for Domestic Transactions) (Amendment) Regulations, 2020
- Reserve Bank Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court erred in attributing liability to appellant based on single economic entity principle","issue_type":"mixed","dispositive":"yes","related_facts":"EPZ and EOZ share management/directors; tender issued in EPZ name; PC5 issued in EPZ name"}
- {"issue_text":"Whether the court erred in granting order sounding in foreign currency","issue_type":"law","dispositive":"yes","related_facts":"Contract specified USD payment; liability arose before currency changes"}
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background
Facts of the Case
Background
The appellant, Engen Petroleum Zimbabwe, appealed against a High Court judgment ordering payment of US$74,332.58 to respondent for rebranding services. The dispute centered on whether appellant was liable for Payment Certificate No. 5 issued by International Quantity Surveyors, despite the contract being concluded with sister company Engen Oil Zimbabwe.
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