BLESSING MASHANGWA v McDOWELLS INTERNATIONAL (PVT) LTD and REGISTRAR OF DEEDS

HH 288-13

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Case Details

Court

Harare High Court

Date

2 September 2013

Citation

HH 288-13

Neutral Citation

[2013] ZWHH 288

Outcome

unknown

Case Type

Application

Bench

Presiding

TAKUVA J

Full Bench

TAKUVA J

Areas of Law

Commercial LawBanking LawContract LawUnjust Enrichment

Keywords

Investment AgreementIllegal ContractUnjust EnrichmentPari DelictumBanking Licence

Key Issues

{"issue_text":"Whether the Investment Agreement was unlawful","issue_type":"law","dispositive":"no","related_facts":"First respondent licensed as money lender not banker; took deposits in contravention of Banking Act"}
{"issue_text":"Whether the pari delictum rule should be relaxed","issue_type":"law","dispositive":"yes","related_facts":"Both parties involved in illegal agreement; first respondent more culpable as knew of illegality"}
{"issue_text":"Whether the first respondent has a bona fide defence","issue_type":"mixed","dispositive":"yes","related_facts":"First respondent's bare denials without evidence; documentary proof of deposits"}

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background

Facts of the Case

Background

The applicant deposited US$1,628,704.14 with the first respondent under an Investment Agreement. The first respondent, licensed as a money lender but not as a banker, took deposits in contravention of the Banking Act. When the applicant demanded repayment, the first respondent refused, leading to this summary judgment application.

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