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Harare High Court
WYNINA (PRIVATE) LIMITED v MBCA BANK LIMITED
HH 273-2010
Case Details
Court
Harare High Court
Date
28 September 2010
Citation
HH 273-2010
Neutral Citation
[2010] ZWHH 273
Outcome
unknown
Case Type
Trial
Bench
Presiding
PATEL J
Full Bench
PATEL J
Areas of Law
Contract LawBanking Law
Keywords
Retention SchemeForeign CurrencyRBZBreach of ContractDamages
Tags
Banking & FinanceContractDamages
legislation
Statutes Cited
- Reserve Bank Act
- State Liabilities Act
- Audit and Exchequer Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendant breached its contractual obligation to the plaintiff.","issue_type":"fact","dispositive":"yes","related_facts":"Delivery of application, deposit of funds, defendant's failure to submit, concession on fees."}
- {"issue_text":"Whether the plaintiff is entitled to damages for the breach.","issue_type":"law","dispositive":"yes","related_facts":"The defendant's breach and the consequences for the plaintiff."}
- {"issue_text":"What is the correct measure of damages.","issue_type":"law","dispositive":"yes","related_facts":"The plaintiff's claim for US$61,944.81."}
- {"issue_text":"Whether the plaintiff's claim is premature.","issue_type":"procedural","dispositive":"yes","related_facts":"The status of the RBZ class action and the RBZ's payment obligations."}
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background
Facts of the Case
Background
The plaintiff, a tobacco grower, submitted an application to the defendant bank for the retention of foreign currency under a Reserve Bank of Zimbabwe (RBZ) scheme. The defendant failed to submit the application to the RBZ, allegedly due to insufficient funds in the plaintiff's account caused by unlawful bank charges. The plaintiff claimed damages for the loss of the retention payment.
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