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Harare High Court

GMD Food Catering (Private) Limited v Desmond Morris

HH 141-2010

Case Details

Court
Harare High Court
Date
24 June 2009
Citation
HH 141-2010
Neutral Citation
[2010] ZWHH 141
Outcome
unknown
Case Type
Application

Bench

Presiding
Hungwe J
Full Bench
Hungwe J
Areas of Law
Civil ProcedureCommercial LawArbitration
Keywords
writ of executionforeign currencyarbitration awardsale in executionattachment of property
Tags
executionforeign currency judgmentarbitration award
legislation
Statutes Cited
  • None cited
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Does the applicant have locus standi to bring this application to interdict the sale in execution?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant is claiming property belongs to it but Supreme Court previously disallowed this claim"}
  • {"issue_text":"Is the first respondent entitled to execute the writ in foreign currency under the current multiple currency regime?","issue_type":"mixed","dispositive":"no","related_facts":"Judgment obtained when foreign currency execution was not possible, now possible under multiple currency regime"}
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background
Facts of the Case

Background

The applicant sought to interdict the sale in execution of assets attached under a writ of execution issued in 2006 to enforce an arbitration award in US dollars. The applicant had previously attempted to interplead claiming ownership of the attached property but was unsuccessful in the Supreme Court.
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