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Harare High Court
Hamilton Insurance (Private) Limited v Nomatter Makiwa and Insurance Council of Zimbabwe
HH 63-23
Case Details
Court
Harare High Court
Date
31 January 2023
Citation
HH 63-23
Neutral Citation
[2023] ZWHH 63
Outcome
unknown
Case Type
Application
Bench
Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Commercial LawBanking & FinanceCivil Procedure
Keywords
garnishee orderRTGS dollarsSI 33/2019currency conversiondeclaraturjudgment debt
Tags
garnishee ordercurrency conversionstatutory instrumentdeclaratory order
legislation
Statutes Cited
- High Court Act
- Finance Act (No.2) Act, No.7 of 2019
- Finance Act (No.2) Act, No.7 of 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a declaratur is competent to determine the currency of a judgment debt where a garnishee order has been granted","issue_type":"procedural","dispositive":"no","related_facts":"Garnishee order granted, parties disagree on currency"}
- {"issue_text":"Whether SI 33/2019 converted the US dollar judgment debt to RTGS dollars at 1:1 rate","issue_type":"law","dispositive":"yes","related_facts":"Judgment debt registered before SI 33/2019, expressed in US dollars"}
- {"issue_text":"Whether the garnishee order requiring payment in US dollars was invalid","issue_type":"law","dispositive":"no","related_facts":"Garnishee order granted after SI 33/2019, required US dollar payment"}
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background
Facts of the Case
Background
The applicant sought a declaratory order that a judgment debt of US$29,115.12 awarded against it in 2017 should be deemed to be valued in RTGS dollars at 1:1 rate following SI 33/2019, and that the garnishee order issued in 2019 for payment in US dollars was invalid.
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