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Harare High Court
Jackson Muguti v Godfrey Makoni
HH 334-2012
Case Details
Court
Harare High Court
Date
5 September 2012
Citation
HH 334-2012
Neutral Citation
[2012] ZWHH 334
Outcome
unknown
Case Type
Application
Bench
Presiding
Makoni J
Full Bench
Makoni J
Areas of Law
Debt CollectionCessionExchange Control Regulations
Keywords
acknowledgment of debtcessionaryillegal transactionforeign currencypar delictum
Tags
debt collectioncessionforeign currency transactionexchange control
legislation
Statutes Cited
- Exchange Control Regulations (specific regulation not identified)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a transaction in foreign currency between Zimbabwean residents in 2008 contravened Exchange Control Regulations","issue_type":"law","dispositive":"yes","related_facts":"Transaction occurred in October 2008; parties were Zimbabwean residents; transaction was in US dollars"}
- {"issue_text":"Whether the court should relax the par delictum rule in favour of the plaintiff","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff pleaded for relaxation of the rule; transaction found to be illegal"}
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background
Facts of the Case
Background
The plaintiff, a cessionary, sued the defendant for payment of US$7,000 based on an acknowledgment of debt signed in October 2008. The defendant initially defended the matter but defaulted at the pre-trial conference stage, resulting in his defence being struck out and the matter proceeding as an unopposed application.
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