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Supreme Court
Ingululu Investments (Private) Limited & Mark Masinyazana Mbayiwa v National Railways of Zimbabwe & Moffat Banda
[2022] ZWSC 42
Case Details
Court
Supreme Court
Date
24 March 2022
Citation
[2022] ZWSC 42
Judgment No.
SC 42/22
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Gwaunza DCJ
Author
Kudya JA
Full Bench
Gwaunza DCJKudya JAMwayera JA
Areas of Law
DelictBanking & FinanceCivil Procedure
Keywords
delictual damagescurrency conversionparity rateReserve Bank of Zimbabwe Actjudgment debtUS dollarRTGS dollar
Tags
delictual damagescurrency conversionparity rateReserve Bank Act
legislation
Statutes Cited
- Reserve Bank of Zimbabwe Act
- Reserve Bank of Zimbabwe Act
- Reserve Bank of Zimbabwe Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo was correct to apply the one-to-one parity rate between RTGS$ and US$ for delictual damages","issue_type":"law","dispositive":"yes","related_facts":"Damages claimed in US dollars, High Court applied 1:1 conversion rate"}
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background
Facts of the Case
Background
On 18 September 2009, National Railways of Zimbabwe's locomotive hit and damaged Ingululu Investments' horse and trailer stuck at a railroad crossing. The appellants claimed US$66,768.80 in delictual damages. The High Court awarded the damages but applied a 1:1 parity rate for currency conversion, which the appellants appealed.
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