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Harare High Court
ZIMNAT LION INSURANCE COMPANY LIMITED v NATIONAL SOCIAL SECURITY AUTHORITY and HOUSING CORPORATION ZIMBABWE (PRIVATE) LIMITED
HH 291-25
Case Details
Court
Harare High Court
Date
6 May 2025
Citation
HH 291-25
Neutral Citation
[2025] ZWHH 291
Outcome
unknown
Case Type
Application
Bench
Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Contract LawStatutory InterpretationCivil Procedure
Keywords
Performance BondAdvance Payment GuaranteeStatutory Instrument 33 of 2019Statutory Instrument 60 of 2024Currency ConversionDeclaratory Order
Tags
InsurancePerformance BondCurrency ConversionDeclaratur
legislation
Statutes Cited
- High Court Act
- National Social Security Authority Act
- Statutory Instrument 33 of 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether this court should grant a declaratory order regarding the currency in which the Advance Payment Guarantee should be paid, given the pending Supreme Court appeal.","issue_type":"procedural","dispositive":"yes","related_facts":"The existence of the guarantee and the pending Supreme Court appeal"}
- {"issue_text":"Whether the debt under the Advance Payment Guarantee was converted from USD to RTGS and then to ZIG by Statutory Instruments 33/19 and 60/24.","issue_type":"law","dispositive":"no (not decided due to procedural finding)","related_facts":"The statutory changes and the nature of the debt"}
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background
Facts of the Case
Background
The applicant issued an Advance Payment Guarantee of USD 16 million in favour of the first respondent at the instance of the second respondent. A dispute arose between the first and second respondents, leading to arbitration and subsequent appeals. The applicant seeks a declaratory order regarding the currency in which payment should be made, arguing that Statutory Instruments 33/19 and 60/24 converted the debt from USD to RTGS and then to ZIG.
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