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Harare High Court
Ben Raymond Mundangepfupfu and Alban Tachiy Irwey Mundangepfupfu v Innocent Chisepo
HH 188-17
Case Details
Court
Harare High Court
Date
22 March 2017
Citation
HH 188-17
Neutral Citation
[2017] ZWHH 188
Outcome
unknown
Case Type
Trial
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Contract LawBanking & Finance
Keywords
guarantee agreementforeign currency transactionexchange control regulationsstatutory approvalres judicatalis alibi pendens
Tags
guaranteeforeign currencyexchange controlillegality
legislation
Statutes Cited
- Exchange Control Regulations
ai analysis
Case Summary
Key Issues
- {"issue_text":"Is the agreement between the plaintiffs and defendant null and void for want of requisite statutory clearance and authority to transact in United States dollars?","issue_type":"law","dispositive":"yes","related_facts":"Agreements concluded without statutory approval for foreign currency"}
- {"issue_text":"Whether or not the defendant's counter claim is res judicata?","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant's claim pending under HC 9295/10"}
- {"issue_text":"If the counter claim is not res judicata whether or not the prayer should be granted?","issue_type":"procedural","dispositive":"yes","related_facts":"Counter claim pending in another case"}
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background
Facts of the Case
Background
The plaintiffs acted as guarantors for Samuel Manatsa who purchased a vehicle from the defendant for US$22,000. They surrendered their title deed as security. The defendant obtained judgment against Manatsa for non-payment. The plaintiffs sought return of their title deed, arguing the agreements were illegal for lacking statutory approval for foreign currency transactions. The defendant counterclaimed for payment.
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