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GAMBIZA v TAZIVA 2008 (2) ZLR 107 (H)

2008 (2) ZLR p107

Citation

2008 (2) ZLR 107 (H)

Case No

Judgment No. HH-109-08

Court

High Court, Harare

Judge

Gowora J

Heard

30 July 2007; 31 July 2007; 3 August 2007

Judgment

27 August 2008

Counsel

T G Kasuso, for the plaintiff
R K H Mapondera, for the defendant

Case Type

Civil trial

Annotations

Link to case annotations

Flynote

Contract – illegality – agreement to pay foreign currency for item purchased in Zimbabwe – breach of exchange control laws – par delictum rule – relaxation of – when appropriate

Exchange control – offences – Exchange Control Regulations 1996 (SI 109 of 1996) – s 4(1)(a)(ii) – exchanging foreign currency without approval – meaning – includes paying foreign currency to purchase item in Zimbabwe – prices quoted in foreign currency in agreement between parties – not illegal – manner of performance of agreement rendering agreement illegal

Words and phrases – "exchange" – Exchange Control Regulations 1996 (SI 109 of 1996) – s 4(1) – meaning – in context includes "to pay" and "to receive"

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