Ismail Moosa Lunat vs Mohamed Zakariya Patel and The Deputy Sheriff, Bulawayo N.O

Key Issues

• {"issue_text":"Whether the debt acknowledgment of USD 384,177 was automatically converted to RTGS$ on a one-to-one rate by operation of law under SI 33/2019 and Finance Act No. 2 of 2019","issue_type":"law","dispositive":"yes","related_facts":"Acknowledgment of debt signed on 11 January 2019, before promulgation of SI 33/2019"}
• {"issue_text":"Whether payment in RTGS$ would satisfy the judgment debt","issue_type":"law","dispositive":"yes","related_facts":"Applicant's tender of payment in RTGS$, 1st respondent's rejection"}
• {"issue_text":"Whether the Supreme Court decision in Zambezi Gas Company (Pvt) Ltd v NR Barber (Pvt) Ltd SC 3-20 applies to this case","issue_type":"law","dispositive":"yes","related_facts":"Timing of debt acknowledgment and judgment date"}
• {"issue_text":"Whether this court can review and declare its own judgment unenforceable via urgent application","issue_type":"procedural","dispositive":"yes","related_facts":"No application under Rule 449, no allegations of fraud or mistake"}
• {"issue_text":"Whether applicant satisfies requirements for interim interdict","issue_type":"law","dispositive":"yes","related_facts":"Prima facie right, irreparable injury, balance of convenience"}

Background