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Debt re: Contractual and Judgment Debt iro Approach, Proof of Claim, Execution, Revalorization and Civil Imprisonment

HH115-12 : MUGANDANI ENTERPRISES (PVT) LTD T/A MUGA FOODS vs TRINPAC (PVT) LTD
Ruled By: MUTEMA J

The basis of the application is that sometime in 2010 the respondent was supplied, upon request, on credit, cake flour by the applicant to its various branches throughout the country. The cake flour was valued at US$828,518=05. This amount was due and payable on 7 December 2010….,. The salient aspects of the opposition are as follows:- 1….,. 2. Paragraph ...
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HH15-08 : HOMEPLUS INVESTMENTS (PVT) LTD vs KANTHARIA INSURANCE BROKERS (PVT) LTD and GLOBAL INSURANCE COMPANY
Ruled By: CHITAKUNYE J

On 26 August 2004, the plaintiff instituted proceedings in the High Court wherein it sued for $60,000,000= being the sum assured in terms of a motor vehicle comprehensive policy it held with the second defendant. The first defendants were the insurance brokers who facilitated the policy. On 21 December 2006, and before the pre-trial conference, the plaintiff amended ...
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HH13-08 : JEOFREY G MUKORERA vs OCEAN BREEZE ENGINE & COOLING SYSTEMS
Ruled By: MAKARAU J

The distortions caused by the galloping inflation currently characterizing our economy are graphically shown, in part, by the claims that are being brought before the courts. The above, in my view, is one such example.While inflation is a fact that they must take judicial note of, courts must, in my view, be wary that the distortions ...
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HH08-10 : CFX BANK LIMITED vs RTO ENGINEERING [PRIVATE] LIMITED and MESSENGER OF COURT
Ruled By: KARWI J

This is an urgent chamber application for stay of execution pending review. The relevant background to this matter is as follows:On 14 December 2009, the Regional Court sitting at Harare convicted the applicant Bank of contravening section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and sentenced ...
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HH24-10 : SAHAWI INTERNATIONAL (PTY) LIMITED and YAKUB IBRAHIM MAHOMED vs JOHN ARNOLD BREDENKAMP and BRECO INTERNATIONAL (PRIVATE) LIMITED
Ruled By: MAKARAU JP

On 25 August 2008 the plaintiffs' issued summons out of this court claiming from the defendants the sum of US$3,872,123= together with interest thereon at the rate of 6% per annum capitalized monthly and calculated from 1 February 2001 to date of payment in full. It was alleged in the plaintiffs' declaration that the debt claimed ...
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HH36-10 : BRANSON MARKETING (PRIVATE) LIMITED vs NATIONAL BLANKETS LIMITED
Ruled By: KUDYA J

On the preponderance of equities, the applicant contended that the payment has been outstanding since 2004 and the long delay has deprived it of the use of these funds to fulfil its obligations. Counsel for the respondent submitted that the balance of convenience was evenly balanced. It seems to me that the applicant has been prejudiced of the ...
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HH149-10 : FOOLPROOF ENTERPRISES (PRIVATE) LIMITED vs SURFACE INVESTMENTS (PRIVATE) LIMITED
Ruled By: KUDYA J

The plaintiff issued summons out of this court on 14 October 2009 claiming payment in the sum of US$8,769=44 for coal delivered and supplied to the defendant at the defendant's special instance and request, interest from the date of the service of summons to the date of payment in full, collection commission and costs of ...
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SC57-15 : D. L. MAKGATHO vs OLD MUTUAL LIFE ASSURANCE (ZIMBABWE) LIMITED
Ruled By: GWAUNZA JA, GARWE JA and PATEL JA

Following a full trial, the High Court ordered the appellant to pay the sum of Z$121=52 (revalued) together with interest thereon at the rate of 30% per annum, the sum of South African R201,750=08 together with interest thereon at the applicable rate in terms of the law of South Africa and costs of suit. ...
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HH186-10 : CAFCA LIMITED vs RESERVE BANK OF ZIMBABWE
Ruled By: MTSHIYA J

On 29 July 2008, the plaintiff issued summons against the defendant for the following relief:-“(a) Payment of the sum of US$750,000.(b) Interest a tempore morae at the London Interbank rate for United States dollars, 3.5% per annum, from 1 September 2005 to date of payment.(c) Costs of suit.”The background to ...
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Appealed
SC36-12 : RESERVE BANK OF ZIMBABWE vs CAFCA LTD
Ruled By: MALABA DCJ, ZIYAMBI JA and OMERJEE AJA

This is an appeal against the judgment of the High Court granting with costs a claim by the respondent for:(i) Payment of the sum of US$750,000.(ii) Interest tempore morae at the London Interbank rate for United States dollars, at 3.5% per annum, from 1 September 2005 to the date of ...