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Harare High Court
LLYOD NGWERUME v RYDALE RIDGE PARK (PVT) LTD and SAMSON TEGUDU
HH 321-22
Case Details
Court
Harare High Court
Date
18 May 2022
Citation
HH 321-22
Neutral Citation
[2022] ZWHH 321
Outcome
unknown
Case Type
Application
Bench
Presiding
NDLOVU J
Full Bench
NDLOVU J
Areas of Law
Property LawContract LawBanking & Finance
Keywords
Cession feesMulti-currency regimeSection 22(1)(d) Finance (No. 2) Act 2019Specific performance
Tags
Cession of rightsProperty developmentContractual dispute
legislation
Statutes Cited
- Finance (No. 2) Act, 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the provisions of section 22(1)(d) of the Finance (No. 2) Act 2019 apply to convert the US$1,600 balance to RTGS$ at 1:1 rate","issue_type":"law","dispositive":"yes","related_facts":"Applicant's 2021 RTGS payment attempt, original US$ debt from 2013"}
- {"issue_text":"Whether there are material disputes of fact incapable of resolution on papers","issue_type":"procedural","dispositive":"no","related_facts":"Oral agreement terms, breach allegations"}
- {"issue_text":"Whether the relief sought is competent","issue_type":"procedural","dispositive":"no","related_facts":"Reference to registration and approval of cession"}
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background
Facts of the Case
Background
The applicant purchased land from the second respondent in 2013 and paid a US$600 deposit for cession services to the first respondent, leaving a US$1,600 balance. In 2021, the applicant attempted to pay the balance in RTGS$1,600 relying on section 22(1)(d) of the Finance (No. 2) Act, 2019, which the first respondent refused to accept.
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