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Harare High Court

UZ-UCSF Collaborative Research Programme v Isdore Husaihwevhu and Walter Mutowo and Fungai Zinyama

HH 703/22

Case Details

Court
Harare High Court
Date
12 October 2022
Citation
HH 703/22
Neutral Citation
[2022] ZWHH 703
Outcome
unknown
Case Type
Application

Bench

Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Constitutional LawCommercial LawCivil Procedure
Keywords
SI 33 of 2019Finance Act No. 2 of 2019Judgment DebtWrit of ExecutionUS Dollars
Tags
DeclaraturCurrency ConversionRTGS DollarsExecution
legislation
Statutes Cited
  • Presidential Powers (Temporary Measures) (Amendment of Reserve Bank of Zimbabwe Act and Issue of Real Time Gross Settlement Electronic dollars (RTGS Dollars) Regulations 2019
  • Finance Act No. 2 of 2019
  • Reserve Bank of Zimbabwe Act (Chapter 22:15)
  • High Court Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the application is properly before the court (double enrolment)","issue_type":"procedural","dispositive":"no","related_facts":"Existence of HC 3658/22"}
  • {"issue_text":"Whether the applicant is a legal person with rights to sue","issue_type":"law","dispositive":"no","related_facts":"Applicant's status as non-profit organization"}
  • {"issue_text":"Whether the deponent to the affidavit is authorized","issue_type":"procedural","dispositive":"no","related_facts":"Pangisile Matikiti's authority"}
  • {"issue_text":"Whether the High Court has jurisdiction","issue_type":"jurisdictional","dispositive":"no","related_facts":"Labour Act provisions"}
  • {"issue_text":"Whether the application is for review or declaratur","issue_type":"procedural","dispositive":"no","related_facts":"Nature of relief sought"}
  • {"issue_text":"Whether US$788,296.21 was converted to RTGS at 1:1 by operation of law","issue_type":"law","dispositive":"yes","related_facts":"SI 33/2019, Finance Act No. 2 of 2019, judgment debt existence"}
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background
Facts of the Case

Background

The applicant, a non-profit organization, faced a judgment debt from an arbitral award issued in 2007 and quantified in 2010 as US$788,296.21. Following the enactment of SI 33 of 2019 and the Finance Act No. 2 of 2019, which converted USD liabilities to RTGS at a 1:1 rate, the applicant paid ZW$837,710.21. The respondents continued execution proceedings, prompting the applicant to seek a declaratur that the debt had been legally converted.
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