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Harare High Court

National Merchant Bank Limited v The Cold Chain (Private) Limited

HH 96-2008

Case Details

Court
Harare High Court
Date
16 September 2008
Citation
HH 96-2008
Neutral Citation
[2008] ZWHH 96
Outcome
unknown
Case Type
Trial

Bench

Presiding
MTSHIYA J
Full Bench
MTSHIYA J
Areas of Law
Banking LawCommercial LawForeign Exchange Law
Keywords
Unjust enrichmentForeign currencyExchange rateTelegraphic transferDuplicate payment
Tags
BankingForeign ExchangeUnjust Enrichment
legislation
Statutes Cited
  • Exchange Control Regulations (specific regulations not identified)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the defendant is obliged to return the overpayment in Rands","issue_type":"law","dispositive":"yes","related_facts":"Defendant has no foreign currency account; parties' usual dealings were in local currency"}
  • {"issue_text":"If not, what is the applicable rate of exchange to determine the Zimbabwe Dollar equivalent","issue_type":"law","dispositive":"yes","related_facts":"Official rate vs parallel market rate dispute"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The plaintiff bank, acting as authorised dealer, duplicated payment of ZAR372,062-80 to the defendant's South African supplier. The defendant acknowledged the debt and tendered payment in Zimbabwe dollars at official exchange rate, which the plaintiff rejected demanding either foreign currency or calculation at parallel market rate.
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