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Harare High Court
Adlecraft Investments (Private) Limited v Zimbabwe Consolidated Diamond Company (Private) Limited
HH 194-23
Case Details
Court
Harare High Court
Date
15 March 2023
Citation
HH 194-23
Neutral Citation
[2023] ZWHH 194
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
ZHOU J
Full Bench
ZHOU J
Areas of Law
Commercial LawContract LawBanking & Finance
Keywords
Contract miningDebt acknowledgmentPrescriptionIn duplum ruleCommercial urgency
Tags
Contract Mining ServicesDebt RecoveryCommercial Urgency
legislation
Statutes Cited
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the matter qualifies for urgent hearing","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's commercial insolvency, debt outstanding for years"}
- {"issue_text":"Whether the claim has prescribed","issue_type":"procedural","dispositive":"no","related_facts":"Contract from 2016, acknowledgments in 2021-2023"}
- {"issue_text":"Whether interest claimed violates in duplum rule","issue_type":"law","dispositive":"yes","related_facts":"Interest claimed exceeds principal amount"}
- {"issue_text":"Currency in which debt must be paid","issue_type":"law","dispositive":"yes","related_facts":"Contract denominated in USD, SI 33 of 2019 introduced RTGS"}
- {"issue_text":"Exact amount outstanding","issue_type":"fact","dispositive":"yes","related_facts":"Conflicting evidence on payments and allocations"}
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background
Facts of the Case
Background
The applicant provided contract mining services to the respondent under a 2016 agreement. After termination in 2020, the respondent acknowledged owing US$4,344,965.67 but disputes arose over payment, currency, and interest calculations. The applicant claimed US$13,824,163.22 including interest.
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