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Harare High Court
National Social Security Authority v Trust Bank Corporation Limited and Transtobac (Private) Limited
HH 181-17
Case Details
Court
Harare High Court
Date
22 March 2017
Citation
HH 181-17
Neutral Citation
[2017] ZWHH 181
Outcome
unknown
Case Type
Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Contract LawBanking Law
Keywords
Deed of SettlementSpecific PerformanceLiquidation
Tags
Deed of SettlementContract EnforcementBanking
legislation
Statutes Cited
- Law Society of Zimbabwe By-laws
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court can enforce payment of agreed amounts under a Deed of Settlement when one party refuses to implement the settlement mechanism","issue_type":"mixed","dispositive":"yes","related_facts":"Second defendant refused to sign agreement of sale; Deed of Settlement contained payment obligations"}
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background
Facts of the Case
Background
The applicant (National Social Security Authority) and second defendant (Transtobac (Private) Limited) entered into a Deed of Settlement to resolve litigation concerning payment of US$4,297,170.33 and legal charges of US$80,000.00, with the settlement to be funded through sale of immovable property. When the second defendant refused to sign the agreement of sale to give effect to the settlement, the applicant brought this application to enforce payment of the agreed amounts.
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