Innscor Africa Limited v Dolphin Trading (Pvt) Ltd and Ferris Rutsito and Robert Rutsito

HH 271-2010

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Case Details

Court

Harare High Court

Date

12 January 2011

Citation

HH 271-2010

Neutral Citation

[2010] ZWHH 271

Outcome

unknown

Case Type

Trial

Bench

Presiding

GOWORA J

Full Bench

GOWORA J

Areas of Law

Contract lawExchange control law

Keywords

Illegal agreementForeign currencyExchange Control RegulationsPoint in limine

Key Issues

{"issue_text":"Whether an agreement to purchase foreign currency from unauthorized dealers is illegal and unenforceable","issue_type":"law","dispositive":"yes","related_facts":"Defendants admitted they were not authorized dealers; transaction conducted without Reserve Bank authority"}
{"issue_text":"Whether illegality can be raised as a point in limine without leading evidence","issue_type":"procedural","dispositive":"no","related_facts":"Defendants raised objection without calling evidence"}

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background

Facts of the Case

Background

The plaintiff sued defendants for US$30,306.13 being balance due under an agreement where defendants would source foreign currency for plaintiff. Defendants raised a point in limine that the agreement was illegal under exchange control regulations as they were not authorized dealers.

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