African Export-Import Bank v RioZim Limited

HH 464-13

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Case Details

Court

Harare High Court

Date

4 December 2013

Citation

HH 464-13

Neutral Citation

[2013] ZWHH 464

Outcome

unknown

Case Type

Application

Bench

Presiding

Chigumba J

Full Bench

Chigumba J

Areas of Law

Commercial LawBanking LawCivil Procedure

Keywords

Promissory NoteProvisional SentenceJurisdictionEnglish LawLiquid Document

Key Issues

{"issue_text":"Whether the jurisdiction clause in the promissory note excluded the jurisdiction of Zimbabwean courts","issue_type":"law","dispositive":"yes","related_facts":"Clauses 3 and 4 of the promissory note"}
{"issue_text":"Whether the plaintiff was entitled to provisional sentence for the full amount of US$8 million","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant's admission of lesser amount, terms of promissory note"}
{"issue_text":"Whether service of process in Zimbabwe was valid","issue_type":"procedural","dispositive":"no","related_facts":"Domicilium clause in promissory note"}

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background

Facts of the Case

Background

The plaintiff, African Export-Import Bank, sought provisional sentence against RioZim Limited based on a US$8 million promissory note dated 29 December 2010. The note was dishonored when presented for payment on 9 August 2013. The defendant opposed the application, raising jurisdictional challenges and disputing the quantum of the debt.

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