Followed for the decision that it was not the intention of the legislature to include any foreign denominated debt other than United States dollars; any…
Court applies the Supreme Court's interpretation of section 4 (1)(d) of Statutory Instrument 133 of 2019 and s 22 (1)(d) of the Finance Act to determine that…
Cited for the proposition that s 4(1)(d) of SI 33/2019 and s 22(1)(d) of the Finance Act affect claims denominated in foreign currency.
Court applied this case to interpret section 22(1)(d) of the Finance (No.2) Act, 2019, particularly the phrases 'discharge of financial or contractual…
Court distinguishes this case from the present matter on the basis that the obligation to pay arose after 22 February 2019 when the order was revived on 15…
The court considered the principle that where statutory language is clear and unambiguous, words should be given their ordinary grammatical meaning, but where…
The appellant argued that following this judgment the judgment of the court a quo should have been denominated in local currency, but the Supreme Court…
The court applies this case's interpretation of Finance Act No. 2/2019, stating that debts incurred in US$ before February 2019 were to be discharged on a 1:1…
Applied to interpret SI 33 of 2019 regarding conversion of United States dollar assets and liabilities to RTGS dollars at 1:1 rate and the application of that…
Court distinguishes this civil case which interpreted amendments to Finance Act and SI 33/2019, holding it inapplicable to criminal restitution governed by the…
Court applied the principle that section 4(1)(d) of S.I. 33/19 would not apply where the value of assets and liabilities was still to be assessed by…
Distinguished by the court on the basis that the case has never been authority for the proposition that courts cannot grant judgment for a claim denominated in…
The respondent relied on this case to argue that his indebtedness was extinguished; the court distinguished it on the basis that the judgment debt was…
Court applies the interpretation of section 4(1)(d) of S.I. 33/19 that assets and liabilities valued and expressed in United States dollars immediately before…
Court applies the Supreme Court's binding precedent on the effect of SI 33/2019 and Finance Act No. 2 of 2019 on debts denominated in USD before 22 February…
Referenced as the case on which the applicant relied for advice to settle the debt in Zimbabwean dollars at parity rate.
The applicant sought to argue that this case had overturned the High Court judgment granting relief to the respondent.
The Supreme Court's interpretation of SI 33/2019 is binding on this court, holding that all USD liabilities existing before 22 February 2019 are settled at 1:1…
Applied to explain the court's duty to interpret statutes, noting that where language is clear and unambiguous, words should be given their ordinary…
Supreme Court decision applied to resolve the currency issue and render the defendant's currency objection redundant.
Supreme Court judgment handed down on 20 January 2020 considered by respondent as putting to rest the issue of applicable currency in discharging obligations.
Court applies the interpretation of section 4(1)(d) of SI 33 of 2019 that all debts incurred before 19 February 2019 are payable in local currency at the rate…
Court follows this Supreme Court ruling that the origin of obligations is not a criterion for the exclusion of the application of S.I. 33/19.
The Supreme Court applied the interpretation of s 4(1)(d) of Statutory Instrument 33/19 as set out in Zambezi Gas, holding that liabilities expressed in United…
Cited for the principle that statutory words should be subjected to literal interpretation and given their ordinary and grammatical meaning where no absurdity,…
Court distinguished this case which held that assets, liabilities and judgment debts denominated in United States dollars before 22 February 2019 should be…
The Supreme Court judgment was applied to interpret the meaning of assets and liabilities under section 4(1)(d) of S.I. 33/19 and section 22(1)(d) of the…
Respondent argued that applicant's claim made in 2016 is affected by the change in law as expressed in this case, rendering it payable in Zimbabwean dollars.
Court follows this Supreme Court authority which authoritatively settled that judgment debts are subject to the one-to-one conversion under S.I. 33/19 and that…
The court applies the Supreme Court's interpretation of S.I. 33/19 section 4(1)(d) that it applies only to assets and liabilities denominated in United States…
Considered to distinguish the effect of Statutory Instrument 33 of 2019, noting that while the Supreme Court gave effect to the law by allowing debts to be…
Supreme Court adopted a position similar to that in ZFC Limited case regarding the application of section 126 of the Insolvency Act.
Court applied this case to interpret section 4(1)(d) of S.I. 33/19 and section 22(1)(d) of the Finance Act 2019 regarding the 1:1 conversion rate between USD…
Locus classicus for interpretation of S.I. 33/2019; court held that section 4(1)(d) applies only where value of asset or liability was expressed in United…
Applied the interpretation of section 4(1)(d) of SI 33/19 concerning the conversion of USD liabilities and assets to RTGS dollars, and held that the origin of…
The court cites this case in the context of submissions regarding the position that if payment were to be made locally, the contract would have been taken…
The court applies the principle from Zambezi Gas that once a conversion of assets or liabilities denominated in USD is made to RTGS dollars at the one-to-one…
The court applied this case to interpret section 4(1)(d) of SI 33/2019 regarding the one-to-one conversion of assets and liabilities valued in United States…
Court distinguishes this case on the basis that it dealt with a judgment debt denominated in United States Dollars before the effective date of 22 February…
Cited for the principle that a constitutional application under s 85 of the Constitution should be filed rather than adopting an omnibus approach.
Applied to interpret s 4(1)(d) of S.I. 33/19 regarding assets and liabilities expressed in USD before the effective date and the effect of conversion at a rate…
Cited by applicant in support of the submission that US$18,000.00 had been revalued to Z$18,000.00 by operation of law.
Cited by the applicant to support the submission that a purposive approach should be adopted when interpreting section 73 of the Public Procurement Act.
Court follows this authority for the proposition that liabilities expressed in US dollars before the effective date and not falling within section 44C(2)…
The court distinguished Zambezi Gas, which held that contractual obligations valued in United States dollars before the effective date were to be paid in RTGS…
Cited by respondent's counsel for the proposition that a debt due in United States Dollars before 22 February 2019 should be paid in RTGS dollar at parity rate…
Court follows the principle that once a conversion of assets or liabilities denominated in United States dollars is made to RTGS dollars at a one-to-one rate,…
The respondent relies on this case for the definition of 'judgment debt' as a decision of a court upon relief claimed which in the case of money refers to the…
Cited at page 7 for the literal rule of statutory interpretation.
Court follows the Supreme Court's determination that assets and liabilities denominated in USD before 22 February 2019 are deemed payable in RTGS dollars on a…
The court a quo held that payment by the first respondent in RTGS dollars was in accordance with this decision, but the Supreme Court distinguished it, holding…
Court considered whether the acknowledgment of debt sought to circumvent the effects of this Supreme Court judgment by expressing the debt in United States…
Cited for the approach of travelling a timeline of events against statutory and judicial milestones to establish the particular currency applicable.