Parks and Wildlife Management Authority v Shearwater Adventures (Private) Limited

HC 187/22

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Case Details

Court

Harare High Court

Date

7 February 2023

Citation

HC 187/22

Neutral Citation

[2023] ZWHH 156

Judgment No.

156/23

Outcome

unknown

Case Type

Stated Case

Bench

Presiding

NDLOVU J

Full Bench

NDLOVU J

Areas of Law

Contract LawCurrency Exchange LawStatutory Interpretation

Keywords

Lease AgreementCurrency ConversionRTGS DollarsInterbank Exchange RateFinancial Obligations

Key Issues

{"issue_text":"Whether defendant fully discharged its contractual obligations towards plaintiff for the period April 2020 to 1st January 2022","issue_type":"mixed","dispositive":"yes","related_facts":"Lease agreement terms, payment amounts, exchange rate interpretation"}
{"issue_text":"Whether defendant paid plaintiff in excess of its rent obligations and if so, whether it is entitled to a declaratur that it had paid for an additional 46 months","issue_type":"mixed","dispositive":"yes","related_facts":"Payment calculations, exchange rate application, contractual interpretation"}

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background

Facts of the Case

Background

Parks and Wildlife Management Authority (plaintiff) entered into a lease agreement with Shearwater Adventures (Private) Limited (defendant) for a restaurant and curio shop at Victoria Falls National Park. The lease was signed on 2 March 2018 for the period 1 January 2018 to 31 December 2022, with annual rent of US$141,120 payable monthly. Following the enactment of Statutory Instrument 33 of 2019 and the Finance (No. 2) Act 2019, disputes arose over whether rent payments should be made at a 1:1 exchange rate or at prevailing interbank rates.

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