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Harare High Court
Marjorie Fadziso Mutemererwa v Shingirai Albert Munyeza and Wilma Munyeza
HH 437-23
Case Details
Court
Harare High Court
Date
19 July 2023
Citation
HH 437-23
Neutral Citation
[2023] ZWHH 437
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Banking & FinanceCommercial LawCivil Procedure
Keywords
provisional sentence summonsliquid documentacknowledgement of debtexchange control regulationsillegality
Tags
provisional sentenceacknowledgement of debtexchange controlliquid document
legislation
Statutes Cited
- Exchange Control Regulations, S.I. 109 of 1996
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether acknowledgements of debt are valid liquid documents for provisional sentence","issue_type":"mixed","dispositive":"yes","related_facts":"Documents require external payment without exchange control approval"}
- {"issue_text":"Whether documents violating exchange control regulations can be enforced","issue_type":"law","dispositive":"yes","related_facts":"Section 11 prohibits payments outside Zimbabwe without approval"}
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background
Facts of the Case
Background
The plaintiff issued provisional sentence summons against defendants for USD100,000 based on two acknowledgements of debt. Defendants opposed, arguing the documents were invalid as they violated exchange control regulations by requiring payment to a Botswana account without approval.
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