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Supreme Court
John Alexander Cameron (Substituted by his executrix Rosemarie Joy Cameron) v Mary Murdoch Howson
[2022] ZWSC 60
Case Details
Court
Supreme Court
Date
10 June 2022
Citation
[2022] ZWSC 60
Judgment No.
SC 60/22
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Gwaunza DCJ
Author
Bhunu JA
Full Bench
Gwaunza DCJBhunu JAMathonsi JA
Areas of Law
Contract lawCommercial lawExchange control
Keywords
Share sale agreementForeign currencyExchange control regulationsContract variationPrescription
Tags
Contract lawShare sale agreementForeign currency paymentExchange control regulations
legislation
Statutes Cited
- Exchange Control Regulations
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo erred by ordering the appellant to pay the respondent US$200,000","issue_type":"mixed","dispositive":"no","related_facts":"Appellant admitted debt; addendum unsigned; contract required written variation"}
- {"issue_text":"Whether the court a quo erred in ordering payment in United States Dollars","issue_type":"law","dispositive":"yes","related_facts":"Agreement denominated in US dollars; exchange control regulations"}
- {"issue_text":"Who is liable for the costs and at what scale","issue_type":"procedural","dispositive":"no","related_facts":"Partial success on appeal"}
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background
Facts of the Case
Background
The appellant and respondent, siblings, entered into a written agreement for sale of 10,000 shares in family company for US$240,000 payable in instalments. Appellant paid US$40,000 but failed to pay balance of US$200,000. Respondent sued. Appellant defended on grounds of prescription, illegality under exchange control regulations, and alleged compromise. High Court found for respondent. Appellant appealed.
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