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Harare High Court
Polomo Enterprises Private Limited v Tillcorp Private Limited and David Smith
HH 581-25
Case Details
Court
Harare High Court
Date
1 October 2025
Citation
HH 581-25
Neutral Citation
[2025] ZWHH 581
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Manzunzu J
Full Bench
Manzunzu JChilimbe J
Areas of Law
Commercial LawContract LawBanking & Finance
Keywords
Summary judgmentIllegal foreign currency exchangeAcknowledgment of debtContractual illegalityIn pari delicto
Tags
Commercial AppealSummary JudgmentForeign ExchangeContractual Dispute
legislation
Statutes Cited
- Exchange Control Regulations
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether court a quo erred in granting summary judgment where triable issue of illegality was raised","issue_type":"procedural","dispositive":"yes","related_facts":"Defence of illegal foreign currency exchange"}
- {"issue_text":"Whether court a quo erred in pronouncing on in pari delicto rule not raised by parties","issue_type":"procedural","dispositive":"yes","related_facts":"Court's own motion relaxation of in pari delicto"}
- {"issue_text":"Whether court a quo erred in finding Smith personally liable for Polomo's debts","issue_type":"law","dispositive":"yes","related_facts":"Smith acted as director of Polomo"}
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background
Facts of the Case
Background
Tillcorp claimed US$42,000 from Polomo and its director Smith alleging breach of a verbal agreement to remit money. Polomo defended on basis the agreement was an illegal foreign currency exchange. Magistrates Court granted summary judgment. Polomo and Smith appealed.
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