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Bulawayo High Court
Lucky Kawara v Sheriff of Zimbabwe and Thembinkosi Ncube and Zimbabwe United Passengers Company
HB 02/22
Case Details
Court
Bulawayo High Court
Date
6 January 2022
Citation
HB 02/22
Neutral Citation
[2022] ZWHB 02
Outcome
unknown
Case Type
Application
Bench
Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Banking & FinanceCivil Procedure
Keywords
RTGS dollarsinterbank ratejudgment executioncurrency conversionSI 33/19
Tags
currency conversionjudgment debtstatutory instrument
legislation
Statutes Cited
- Reserve Bank Act
- Finance Act 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the judgment debt is payable at 1:1 rate or interbank rate","issue_type":"mixed","dispositive":"yes","related_facts":"Judgment granted 25 July 2019; effective date 22 February 2019"}
- {"issue_text":"Whether section 4(1)(d) or 4(1)(e) of SI 33/19 applies","issue_type":"law","dispositive":"yes","related_facts":"Judgment date after effective date"}
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background
Facts of the Case
Background
The applicant obtained a US$20,000 judgment on 25 July 2019 against the 2nd and 3rd respondents. When attempting execution through the Sheriff, the 3rd respondent paid RTGS$20,000 at 1:1 rate instead of the interbank rate, claiming the cause of action arose before the effective date of SI 33/19.
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