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Harare High Court
PETER MTOKO v STAR AFRICA CORPORATION LTD
HH 490-22
Case Details
Court
Harare High Court
Date
20 July 2022
Citation
HH 490-22
Neutral Citation
[2022] ZWHH 490
Outcome
unknown
Case Type
Application
Bench
Presiding
DUBE JP
Full Bench
DUBE JP
Areas of Law
Private International LawCivil Procedure
Keywords
foreign judgmentregistrationjurisdictionsubmissionpublic policy
Tags
foreign judgment registrationprivate international lawjurisdiction
legislation
Statutes Cited
- Civil Matters (Mutual Assistance) Act
- Civil Evidence Act
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Did the Zambian High Court have jurisdiction over the respondent?","issue_type":"law","dispositive":"yes","related_facts":"Respondent not domiciled/resident in Zambia; participated in proceedings"}
- {"issue_text":"Does the foreign judgment sound in money?","issue_type":"law","dispositive":"yes","related_facts":"Judgment awarded sums of money"}
- {"issue_text":"Is enforcement contrary to public policy of Zimbabwe?","issue_type":"law","dispositive":"yes","related_facts":"Substitution after judgment; notice requirements"}
- {"issue_text":"Is the judgment final and conclusive?","issue_type":"law","dispositive":"yes","related_facts":"No appeal pursued against substitution"}
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background
Facts of the Case
Background
The applicant sought to register a Zambian High Court judgment against the respondent. The judgment originally issued against Red Star Holdings Ltd (a Zambian subsidiary) was later substituted to include the respondent (Zimbabwean parent company). The respondent opposed registration on grounds of jurisdiction, public policy, and finality.
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