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Harare High Court
Stratus Capital Partners (Private) Limited v ADC Capital (Private) Limited
HH 563/25
Case Details
Court
Harare High Court
Date
24 September 2025
Citation
HH 563/25
Neutral Citation
[2025] ZWHH 563
Outcome
unknown
Case Type
Application
Bench
Presiding
Mushure J
Full Bench
Mushure J
Areas of Law
Commercial lawContract lawSecurities law
Keywords
Treasury BillDeclaraturContract terminationDelivery against paymentSecurities transaction
Tags
Treasury BillSecurities transactionContract terminationDelivery versus payment
legislation
Statutes Cited
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there are material disputes of fact incapable of resolution on the papers","issue_type":"procedural","dispositive":"yes","related_facts":"Benson's role, payment terms dispute"}
- {"issue_text":"Whether applicant has made a case for grant of a declaratur","issue_type":"mixed","dispositive":"yes","related_facts":"Contract formation, breach, right to return Treasury Bill"}
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background
Facts of the Case
Background
The applicant, an investment manager, sold a Treasury Bill to the respondent on delivery-against-payment terms. After delivering the Treasury Bill on 17 January 2025, the respondent failed to make payment, leading the applicant to terminate the sale and seek return of the Treasury Bill through a declaratory order.
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