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Harare High Court

Addax Energy SA v C and T Mining (Private) Limited

HH 79-24

Case Details

Court
Harare High Court
Date
28 February 2024
Citation
HH 79-24
Neutral Citation
[2024] ZWHH 79
Outcome
unknown
Case Type
Trial

Bench

Presiding
CHILIMBE J
Full Bench
CHILIMBE J
Areas of Law
Commercial LawBanking & Finance
Keywords
foreign obligationforeign currencyfuel supplyoral agreementUSD payment
Tags
foreign obligationcurrency of paymentfuel supply contract
legislation
Statutes Cited
  • Reserve Bank Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether admitted debt of US$269,735.88 constituted a foreign obligation payable exclusively in foreign currency","issue_type":"mixed","dispositive":"yes","related_facts":"Addax is Swiss-registered; fuel delivered locally; payments historically in both currencies; oral agreement terms"}
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background
Facts of the Case

Background

Plaintiff, a Swiss company, supplied diesel worth US$1,379,601 to defendant under an oral agreement requiring payment within 14 days. After non-payment, plaintiff terminated the contract and claimed US$269,735.88 as balance due, asserting it was a foreign obligation payable exclusively in USD. Defendant admitted the amount but denied it was exclusively payable in USD.
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