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Harare High Court
Nhimbe Fresh Export (Pvt) Ltd v Prisma Packaging and Messenger of Court, Marondera
HH 410-21
Case Details
Court
Harare High Court
Date
6 August 2021
Citation
HH 410-21
Neutral Citation
[2021] ZWHH 410
Outcome
unknown
Case Type
Application
Bench
Presiding
MANZUNZU J
Full Bench
MANZUNZU J
Areas of Law
Commercial LawBanking & FinanceCivil Procedure
Keywords
foreign currency judgmentRTGS dollarsSI 33/19warrant of executiondebt extinguishment
Tags
currency conversionjudgment debtexecutionstatutory interpretation
legislation
Statutes Cited
- Reserve Bank of Zimbabwe Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a judgment debt denominated in South African rands can be converted to RTGS dollars under section 4(1)(d) of SI 33/19","issue_type":"law","dispositive":"yes","related_facts":"Judgment debt was in ZAR, existed before 22 February 2019, SI 33/19 mentions only USD"}
- {"issue_text":"Whether payment of ZWL23 000 constituted full settlement of the judgment debt","issue_type":"mixed","dispositive":"yes","related_facts":"Nhimbe paid ZWL23 000, claimed conversion from ZAR to USD to ZWL"}
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background
Facts of the Case
Background
Prisma Packaging obtained a default judgment against Nhimbe Fresh Export for ZAR252,356.38 plus interest and costs. When Nhimbe failed to pay, Prisma obtained a warrant of execution and attached Nhimbe's property. Nhimbe then paid ZWL23,000 claiming it constituted full settlement by converting the ZAR amount to USD then to ZWL at 1:1 rate under SI 33/19. Prisma disputed this extinguished the debt.
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