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Harare High Court
VENETIAN BLINDS SPECIALISTS LIMITED v APEX HOLDINGS (PRIVATE) LIMITED
HH 408-2012
Case Details
Court
Harare High Court
Date
8 November 2012
Citation
HH 408-2012
Neutral Citation
[2012] ZWHH 408
Outcome
unknown
Case Type
Trial
Bench
Presiding
PATEL J
Full Bench
PATEL J
Areas of Law
Conflict of LawsCommercial LawCivil Procedure
Keywords
Recognition of Foreign JudgmentExchange RateStatutory InterestMalawi Courts Act
Tags
Foreign JudgmentExchange RateInterest RateMalawi Law
legislation
Statutes Cited
- Courts Act of Malawi
- Civil Evidence Act of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"What was the applicable rate of exchange for the Malawi Kwacha payment made by the defendant on 12 March 2004?","issue_type":"fact","dispositive":"yes","related_facts":"The payment of MK4,000,000 and the testimony of Harry Mukaka regarding the official exchange rate."}
- {"issue_text":"Is the plaintiff entitled to interest on the US dollar award from 12 September 2007 at the statutory rate of 5% per annum as stipulated by section 65 of the Malawi Courts Act?","issue_type":"law","dispositive":"yes","related_facts":"The expert testimony on Malawian law and the review of Malawian court judgments."}
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background
Facts of the Case
Background
The plaintiff sought recognition and enforcement of judgments from the Malawi High Court and Supreme Court. The core disputes were the applicable exchange rate for a Malawi Kwacha payment made by the defendant and whether statutory interest under Malawian law applied to a foreign currency award. The court found for the plaintiff on the principal amount but disallowed the claim for pre-judgment interest from the Malawian court date.
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