TIISO HOLDINGS (PTY) LIMITED versus ZIMBABWE IRON & STEEL COMPANY LIMITED

Key Issues

• {"issue_text":"Whether the deed of assignment between KFW and the plaintiff is a mere sham depriving the plaintiff of locus standi.","issue_type":"fact","dispositive":"no","related_facts":"Assignment of rights; KFW's separate litigation against the Government of Zimbabwe."}
• {"issue_text":"Whether the plaintiff has locus standi to claim any interest beyond the assigned capital amount.","issue_type":"law","dispositive":"yes","related_facts":"The plaintiff's claim includes interest; the deed of assignment specifies the capital amount."}
• {"issue_text":"Whether the Frankfurt judgment is contrary to natural justice due to failure to serve court process properly.","issue_type":"fact","dispositive":"no","related_facts":"Defendant's averment of non-service; certified translation stating service occurred."}
• {"issue_text":"Whether part of the amount claimed had prescribed at the time the claim was instituted in Frankfurt.","issue_type":"mixed","dispositive":"no","related_facts":"Loan repayment schedules; German law as lex causae; defendant's lack of evidence on German prescription law."}
• {"issue_text":"Whether the Frankfurt award was unenforceable ab initio due to lack of executable assets in Germany.","issue_type":"law","dispositive":"no","related_facts":"Defendant's submission to jurisdiction; lack of assets in Germany."}
• {"issue_text":"Whether the Frankfurt judgment is final and conclusive for recognition and enforcement in Zimbabwe.","issue_type":"law","dispositive":"yes","related_facts":"The text of the Frankfurt judgment stating it is \"provisionally enforceable\"; lack of certificate from German authority."}

Background