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Harare High Court
TOWNSEND ENTERPRISES (PRIVATE) LIMITED v KARIBA FERRIES (PRIVATE) LIMITED
HH 9-25
Case Details
Court
Harare High Court
Date
8 January 2025
Citation
HH 9-25
Neutral Citation
[2025] ZWHH 9
Outcome
unknown
Case Type
Application
Bench
Presiding
MUNANGATI-MANONGWA J
Full Bench
MUNANGATI-MANONGWA J
Areas of Law
Banking & FinanceContract Law
Keywords
RTGSUS DollarConsent OrderDeed of SettlementS.I 33/19
Tags
Currency ConversionDebt SettlementDeclaratory Order
legislation
Statutes Cited
- High Court Act [Chapter 7:06]
- Finance Act [Chapter 23:04]
- Presidential Powers (Temporary Measures) Amendment of Reserve Bank of Zimbabwe Act and Issue of Real Time Gross Settlement Electronic Dollars (RTGS) Regulations, 2019
- Presidential Powers (Temporary Measures) Amendment of Reserve Bank of Zimbabwe Act and Issue of Real Time Gross Settlement Electronic Dollars (RTGS) Regulations, 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the judgment debt of US$33 014 was converted to ZW$33 014 by operation of S.I 33/2019.","issue_type":"law","dispositive":"yes","related_facts":"The debt existed before the effective date of S.I 33/2019."}
- {"issue_text":"Whether the payment of ZW$43 726 made by the applicant to the respondent on 25 November 2021 constitutes full and final settlement of the judgment debt.","issue_type":"law","dispositive":"yes","related_facts":"The payment was made in RTGS after the conversion date."}
- {"issue_text":"Whether the application for revival of the judgment should succeed.","issue_type":"procedural","dispositive":"yes","related_facts":"The status of the debt (paid or unpaid)."}
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background
Facts of the Case
Background
The applicant owed the respondent a debt from a consent order denominated in US Dollars. The applicant paid an amount in RTGS to the respondent, who retained it but later claimed the debt was not fully settled. The applicant sought a declarator that the payment was final, while the respondent sought to revive the judgment.
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