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Supreme Court

Peppy Motors (Private) Limited t/a Agritech & 2 Ors v Ruzirun Investments (Private) Limited & 2 Ors

[2023] ZWSC 20

Case Details

Court
Supreme Court
Date
17 March 2023
Citation
[2023] ZWSC 20
Judgment No.
SC 20/23
Outcome
unknown
Case Type
Appeal

Bench

Presiding
BHUNU JA
Author
CHATUKUTA JA
Full Bench
BHUNU JACHATUKUTA JAMWAYERA JA
Areas of Law
Commercial LawBanking LawContract Law
Keywords
Deed of settlementConsent orderCurrency conversionInterbank rateSI 33 of 2019Judgment debt
Tags
Banking & FinanceDebt RecoveryCurrency ConversionConsent Order
legislation
Statutes Cited
  • Exchange Control Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the deed of settlement and consent order constituted a new cause of action requiring payment at prevailing interbank rate","issue_type":"law","dispositive":"yes","related_facts":"Deed executed on 20 May 2019, three months after SI 33 effective date"}
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background
Facts of the Case

Background

The appellants sold farming machinery to the first respondent in 2014, with the second respondent as surety. When payment defaulted, the appellants sued and the parties entered into a deed of settlement on 20 May 2019, resulting in a consent order for payment of US$226,000. The respondents made payments in RTGS dollars at 1:1 rate, claiming this satisfied the debt, while appellants argued payment should be at interbank rate.
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