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Harare High Court
Jabulani Matembudze v Grain Marketing Board
HH 271-12
Case Details
Court
Harare High Court
Date
21 June 2012
Citation
HH 271-12
Neutral Citation
[2012] ZWHH 271
Outcome
unknown
Case Type
Application
Bench
Presiding
MTSHIYA J
Full Bench
MTSHIYA J
Areas of Law
Contract LawCivil Procedure
Keywords
execution pending appealforeign currencywheat delivery contractReserve Bank of Zimbabwe
Tags
execution pending appealcontract enforcementforeign currency payment
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether execution of judgment should be allowed pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal filed by respondent; potential irreparable harm to applicant"}
- {"issue_text":"Whether respondent has prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Reserve Bank's role as agent; contractual interpretation"}
- {"issue_text":"Whether applicant would suffer irreparable harm if execution is delayed","issue_type":"factual","dispositive":"no","related_facts":"Applicant's dependence on farming proceeds for business operations"}
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background
Facts of the Case
Background
The applicant, a farmer, delivered wheat to the respondent under a contract requiring 50% payment in foreign currency through the Reserve Bank of Zimbabwe. After partial payment, a balance of US$6,576-63 remained unpaid, leading to successful court proceedings. The respondent appealed to the Supreme Court, prompting this application for execution pending appeal.
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