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Harare High Court
Golden Beams Development (Pvt) Ltd v Fredson Munyaradzi Mabhena
HH 296-21
Case Details
Court
Harare High Court
Date
17 June 2021
Citation
HH 296-21
Neutral Citation
[2021] ZWHH 296
Outcome
unknown
Case Type
Application
Bench
Presiding
Dube J
Full Bench
Dube J
Areas of Law
Contract LawCommercial LawCivil Procedure
Keywords
compromise agreementdeed of settlementjudgment debtcurrency conversionmistake of lawSI 33 of 2019
Tags
debt enforcementcompromise agreementdeed of settlementcurrency conversion
legislation
Statutes Cited
- Presidential Powers (Temporary Measures) (Amendment of Reserve Bank of Zimbabwe Act and Issue of Real Time Gross Settlement Electronic Dollars (RTGS Dollars)) Regulations, 2019
- Finance Act (No. 2)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the deed of settlement compromised the original court order","issue_type":"law","dispositive":"yes","related_facts":"Deed of settlement signed after judgment, parties agreed new payment terms"}
- {"issue_text":"Whether SI 33 of 2019 extinguished the judgment debt","issue_type":"law","dispositive":"no","related_facts":"Judgment debt existed before 22 February 2019, parties entered settlement after"}
- {"issue_text":"Whether there was a common mistake voiding the deed of settlement","issue_type":"law","dispositive":"no","related_facts":"Parties agreed USD payment after SI 33 effective date"}
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background
Facts of the Case
Background
The applicant obtained default judgment against the respondent for US$179,000 in 2018. The parties subsequently entered into a deed of settlement in November 2019 agreeing to settle the debt in US dollars. The respondent later claimed the debt was extinguished by operation of SI 33 of 2019 which converted USD debts to RTGS at 1:1 rate.
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