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Masvingo High Court
Artwell Maradha v Big Valley (Pvt) Ltd
HMA 64-20
Case Details
Court
Masvingo High Court
Date
18 November 2020
Citation
HMA 64-20
Neutral Citation
[2020] ZWHMA 64
Outcome
unknown
Case Type
Application
Bench
Presiding
Zisengwe J
Full Bench
Zisengwe J
Areas of Law
Contract LawBanking & Finance
Keywords
agreement of saleRTGS dollarscurrency conversioncontract repudiation
Tags
contract cancellationcurrency conversionmotor vehicle sale
legislation
Statutes Cited
- Finance (No.2) Act of 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the refund obligation arose before or after the first effective date of 22 February 2019","issue_type":"law","dispositive":"yes","related_facts":"Contract concluded 1 November 2018; repossession 21 July 2019"}
- {"issue_text":"Whether section 22(1)(d) of Finance (No.2) Act applies to convert US dollar obligation to RTGS at 1:1 rate","issue_type":"law","dispositive":"yes","related_facts":"Payment made before 22 February 2019; refund obligation arose after"}
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background
Facts of the Case
Background
The applicant sold a Ford Ranger motor vehicle to the respondent for US$40,000. The respondent paid US$20,500 and took possession. The applicant later repossessed the vehicle in July 2019, leading to contract cancellation. The main dispute concerned whether the refund should be in US dollars or RTGS dollars at 1:1 rate.
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