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Harare High Court
Hwange Coal Gasification Company vs Philcool Investments (Pvt) Ltd
HH 80-22
Case Details
Court
Harare High Court
Date
8 February 2022
Citation
HH 80-22
Neutral Citation
[2022] ZWHH 80
Outcome
unknown
Case Type
Special Plea
Bench
Presiding
Makomo J
Full Bench
Makomo J
Areas of Law
Civil ProcedureContract LawCurrency Regulations
Keywords
Special PleaException vs Special PleaStatutory Instrument 33 of 2019Currency ConversionCompany Citation
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendant's special plea was properly constituted under Rule 137 of the High Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant used special plea procedure instead of exception procedure"}
- {"issue_text":"Whether the defects complained of appear ex facie the record requiring exception rather than special plea","issue_type":"procedural","dispositive":"yes","related_facts":"Both grounds of special plea appeared in the pleadings"}
- {"issue_text":"Whether the court can condone non-compliance with mandatory procedural rules mero motu","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant failed to apply for condonation"}
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background
Facts of the Case
Background
The plaintiff sued the defendant for USD247,317.50 following breach of contract for transport services and fuel supply arrangements. The defendant raised a special plea challenging the plaintiff's citation and arguing that the debt should be expressed in RTGS dollars due to Statutory Instrument 33 of 2019.
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