Stella Mundi (Pvt) Ltd v Murimi Two Four Seven (Pvt) Ltd & Anor

HH 448-24

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Case Details

Court

Harare High Court

Date

4 October 2024

Citation

HH 448-24

Neutral Citation

[2024] ZWHH 448

Outcome

unknown

Case Type

Application

Bench

Presiding

Chilimbe J

Full Bench

Chilimbe J

Areas of Law

Commercial lawCivil procedureBanking & Finance

Keywords

declaraturjudgment debtcurrency conversionZiGexecutionconsent order

Key Issues

{"issue_text":"Whether Stella Mundi was entitled to pay the USD judgment debt in ZiG currency","issue_type":"mixed","dispositive":"yes","related_facts":"Payment made in ZiG 2,588,439 instead of USD 187,754.42; consent order specified USD payments"}
{"issue_text":"Whether payment directly into Murimi's bank account satisfied the consent order requirement for payment through legal practitioners","issue_type":"law","dispositive":"yes","related_facts":"Payment made directly to Murimi rather than through legal practitioners' Trust Account"}
{"issue_text":"Whether the declaratur should be granted to declare the attachment a nullity","issue_type":"law","dispositive":"yes","related_facts":"Payment made before attachment completed; execution continued despite payment"}

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Facts of the Case

Background

Stella Mundi sought a declaratur that payment of ZiG 2,588,439.00 into Murimi's bank account extinguished a USD judgment debt of $187,754.42, and that subsequent attachment of its property was a nullity. The parties had previously concluded a consent order for payment in USD installments, which Stella Mundi breached by failing to pay the first installment and instead paying in ZiG currency directly into Murimi's account.

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