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Supreme Court
Reg Magauzi v (1) Francis Jekera (2) Sheriff for Zimbabwe N.O
SC 54/22
Case Details
Court
Supreme Court
Date
26 May 2022
Citation
SC 54/22
Neutral Citation
[2022] ZWSC 54
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Uchena JA
Author
UCHENA JA
Full Bench
MAVANGIRA JAUCHENA JACHIWESHE JA
Areas of Law
Banking & FinanceCivil Procedure
Keywords
Finance ActSI 33 of 2019Zambezi Gasjudgment debtcurrency conversioneffective date
Tags
judgment debtcurrency conversionconsent order
legislation
Statutes Cited
- Presidential Powers (Temporary Measures) (Amendment of Laws) Regulations, 2019 (SI 33 of 2019)
- Finance Act (No. 2) of 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo erred by relying on the acknowledgment of debt when it ought to have taken into consideration the date of the extant judgment in making its determination","issue_type":"law","dispositive":"yes","related_facts":"Judgment granted on 22 February 2019; acknowledgment signed 15 October 2018"}
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background
Facts of the Case
Background
The dispute arose from an acknowledgment of debt for US$26,100 signed on 15 October 2018. Summary judgment was granted by consent on 22 February 2019. The first respondent paid Z$88,400 to the sheriff on 14 November 2019 and sought a declaratory order that this payment settled the judgment debt in full. The High Court granted the declaratory order, finding the payment satisfied the obligation under the Finance Act.
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