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Mutare High Court
CAMBRIA AFRICA PLC versus BREASTPLATE SERVICES (PRIVATE) LIMITED T/A NEMCHEM INTERNATIONAL
HMT 55/19
Case Details
Court
Mutare High Court
Date
15 July 2019
Citation
HMT 55/19
Neutral Citation
[2019] ZWHMT 55
Outcome
unknown
Case Type
Trial
Bench
Presiding
MUZENDA J
Full Bench
MUZENDA J
Areas of Law
Contract LawCurrency LawCommercial Law
Keywords
Share purchaseUS dollar paymentRTGS dollarsStatutory Instruments 33 and 142 of 2019
Tags
Contract disputeCurrency paymentShare purchase agreement
legislation
Statutes Cited
- Statutory Instrument 33 of 2019
- Statutory Instrument 142 of 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the outstanding balance is payable in United States dollars or RTGS dollars","issue_type":"law","dispositive":"yes","related_facts":"Original agreement terms, Statutory Instruments 33 and 142 of 2019"}
- {"issue_text":"Whether plaintiff is entitled to interest as claimed in summons","issue_type":"law","dispositive":"no","related_facts":"Payment delays, interest calculations"}
- {"issue_text":"Whether plaintiff is entitled to costs on attorney-client basis","issue_type":"procedural","dispositive":"no","related_facts":"Defendant's admission of liability"}
- {"issue_text":"Whether there is a new contract supplanting the original agreement","issue_type":"mixed","dispositive":"no","related_facts":"Alleged novation, set-off arrangements"}
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background
Facts of the Case
Background
Plaintiff CAMBRIA AFRICA PLC sold its entire share capital in Milchem Zambia Limited to defendant BREASTPLATE SERVICES for US$46,347-00. Defendant made partial payments of US$6,347-00 and US$8,600-00, leaving a balance of US$31,400-00. Defendant refused to pay the balance, arguing it should be paid in RTGS dollars rather than US dollars due to changes in Zimbabwean currency law.
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