ex turpi causain pari delictosubdivision permitRegional Town and Country Planning Actunjust enrichment
Tags
Illegal contractUnjust enrichmentDemolitionSubdivision permitMining land
legislation
Statutes Cited
Regional, Town and Country Planning Act
Finance (No. 2) Act, No. 7 of 2019
ai analysis
Case Summary
Key Issues
{"issue_text":"Was the 2003 sale agreement valid and enforceable?","issue_type":"law","dispositive":"yes","related_facts":"Absence of subdivision permits, parties’ conduct, statutory requirement"}
{"issue_text":"If the agreement was illegal, can the plaintiff claim restitution on grounds of unjust enrichment?","issue_type":"law","dispositive":"yes","related_facts":"Payment of purchase price, 14-year occupation, demolition"}
{"issue_text":"Is the plaintiff’s claim prescribed?","issue_type":"procedural","dispositive":"no","related_facts":"Date of demolition (2017), date of summons (2018)"}
{"issue_text":"Can the plaintiff denominate its claim in US dollars?","issue_type":"law","dispositive":"no","related_facts":"Multi-currency regime, timing of loss (2017), SI 85 of 2020"}
{"issue_text":"Should costs be awarded at attorney and client scale?","issue_type":"procedural","dispositive":"no","related_facts":"Conduct of defendant, breakdown of relationship"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The plaintiff, Maranatha Ferrochrome, purchased three plots of land from RioZim in 2003, paid the full purchase price, and occupied them. The defendant later claimed the sale was illegal due to lack of subdivision permits. After failed negotiations, the defendant demolished the plaintiff’s buildings in 2017. The plaintiff sued for replacement cost or unjust enrichment. The court found the sale agreement illegal but awarded restitution on grounds of unjust enrichment.
Read the full judgment, get AI analysis, and find related cases