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Harare High Court

OTC International v Senator (Pvt) Ltd

HH 97-25

Case Details

Court
Harare High Court
Date
18 February 2025
Citation
HH 97-25
Neutral Citation
[2025] ZWHH 97
Outcome
unknown
Case Type
Trial

Bench

Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Commercial lawCivil procedureContract law
Keywords
JurisdictionSecurity for costsStatutory Instrument 33 of 2019Foreign companyPeregrine plaintiff
Tags
Contractual disputeInternational tradeCurrency conversionSecurity for costs
legislation
Statutes Cited
  • Reserve Bank Act
  • Companies and Other Business Entities Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the High Court has jurisdiction to deal with the matter in view of Clause viii of the General Terms of Sales and Delivery applicable","issue_type":"procedural","dispositive":"yes","related_facts":"Contract between German plaintiff and Zimbabwean defendant"}
  • {"issue_text":"If the court has jurisdiction, whether the plaintiff's claim could be adjudicated on in the absence of a payment of security for the defendant's costs by the plaintiff","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff is a foreign company (peregrine)"}
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background
Facts of the Case

Background

A German company (plaintiff) sold seven buses to a Zimbabwean company (defendant) in 2014. The defendant failed to pay the purchase price of US$589,002.96. After Zimbabwe introduced Statutory Instrument 33 of 2019 mandating 1:1 conversion rate between USD and RTGS dollars for pre-2019 contractual liabilities, the defendant deposited ZWL$673,146.24 which was converted to US$6,370.36.
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