Lynette Muchaneta Shumba v The Trustees of the Geoffrey Jekyll Trust and The Sheriff of the High Court of Zimbabwe and The Registrar of the High Court

HH 399-21

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Case Details

Court

Harare High Court

Date

30 July 2021

Citation

HH 399-21

Neutral Citation

[2021] ZWHH 399

Outcome

unknown

Case Type

Application

Bench

Presiding

MUZOFA J

Full Bench

MUZOFA J

Areas of Law

Civil ProcedureExecution of Judgments

Keywords

writ of executionforeign currencyfunctus officio{'1': '1 exchange rate'}statutory instrument 33 of 2019

Key Issues

{"issue_text":"Whether the court is functus officio and can revisit its previous judgment to address currency execution issues","issue_type":"procedural","dispositive":"yes","related_facts":"Court already pronounced final judgment in HC 8500/19; applicant did not appeal; now seeks to vary execution method"}
{"issue_text":"Whether execution of foreign currency judgment must be at 1:1 rate in terms of SI 33 of 2019","issue_type":"mixed","dispositive":"no","related_facts":"Debt incurred before February 2019; judgment in foreign currency; SI 33 provides for 1:1 conversion"}

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background

Facts of the Case

Background

The applicant sought a declaratory order to set aside a writ of execution issued against her property, arguing that judgment debts expressed in foreign currency should be executed at 1:1 rate with Zimbabwean dollar in terms of SI 33 of 2019. The court dismissed the application on functus officio grounds.

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