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Bulawayo High Court
Ismail Moosa Lunat v Mohamed Zakariya Patel and The Deputy Sheriff, Bulawayo
HB 66-20
Case Details
Court
Bulawayo High Court
Date
28 May 2020
Citation
HB 66-20
Neutral Citation
[2020] ZWHB 66
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Makonese J
Full Bench
Makonese J
Areas of Law
Commercial LawBanking & Finance
Keywords
RTGS dollarsUS dollarsstatutory instrument 33/2019finance actjudgment execution
Tags
currency conversionjudgment executionstatutory instrument
legislation
Statutes Cited
- Finance Act No. 2 of 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the urgent chamber application should be struck out for procedural defects","issue_type":"procedural","dispositive":"no","related_facts":"Application not in Form No. 29, urgency requirements"}
- {"issue_text":"Whether the court can stay execution pending determination of currency conversion issue","issue_type":"procedural","dispositive":"yes","related_facts":"Payment made, law changed, Supreme Court guidance available"}
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background
Facts of the Case
Background
The applicant obtained judgment for USD 384,177 against the respondent. After currency conversion laws changed, the applicant paid RTGS $384,177 claiming this satisfied the debt. The respondent refused acceptance and sought execution. The applicant filed an urgent chamber application to stay execution pending determination of whether RTGS payment satisfied the USD judgment debt.
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