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Harare High Court
Wilson Tendai Nyabonda v Ariston Holdings Limited and Leon Nortier
HH 677/24
Case Details
Court
Harare High Court
Date
26 September 2025
Citation
HH 677/24
Neutral Citation
[2024] ZWHH 677
Outcome
unknown
Case Type
Application
Bench
Presiding
MUNANGATI- MANONGWA J
Full Bench
MUNANGATI- MANONGWA J
Areas of Law
Civil ProcedureCurrency and BankingCommercial Law
Keywords
Statutory Instrument 33 of 2019Statutory Instrument 142 of 2019RTGS dollarUnited States dollarJudgment debtGarnishee
Tags
Debt AttachmentGarnishee OrderCurrency Law
legislation
Statutes Cited
- Presidential Powers (Temporary Measures) (Amendment of Reserve Bank of Zimbabwe Act and Issue of Real Time Gross Settlement Electronic Dollars (RTGS Dollars)) Regulations, 2019
- Reserve Bank of Zimbabwe (Legal Tender) Regulations, 2019
- Finance Act (No. 2) Act, No. 7 of 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether statutory instruments SI 33 of 2019 and SI 142 of 2019 affect the enforceability of debts incurred prior to these regulations, particularly those in United States dollars?","issue_type":"law","dispositive":"yes","related_facts":"Default judgment for US$123,000 in 2016; outstanding US$28,000; enactment of SI 33/2019 and SI 142/2019"}
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background
Facts of the Case
Background
The applicant sought to attach a debt owed by the garnishee to the judgment debtor to satisfy a US$28,000.00 judgment debt. The judgment debtor argued that the debt was no longer enforceable in United States dollars due to statutory instruments SI 33 of 2019 and SI 142 of 2019, which established the RTGS dollar as the sole legal tender.
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