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Harare High Court
Mega Pak Zimbabwe (Private) Limited v Global Technologies Central Africa (Private) Limited
HH 84/08
Case Details
Court
Harare High Court
Date
24 September 2008
Citation
HH 84/08
Neutral Citation
[2008] ZWHH 84
Outcome
unknown
Case Type
Trial
Bench
Presiding
Makarau JP
Full Bench
Makarau JP
Areas of Law
Contract lawCommercial law
Keywords
Ex turpi causa non oritur actioIllegal contractForeign exchange violationsExchange control regulations
Tags
Contract enforcementIllegal contractExchange control violations
legislation
Statutes Cited
- Exchange Control Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an illegal contract for sourcing foreign currency in violation of exchange control regulations can be enforced by the courts","issue_type":"law","dispositive":"yes","related_facts":"The entire transaction between parties involved illegal foreign exchange dealings"}
- {"issue_text":"Whether the maxim ex turpi causa non oritur actio applies to prevent enforcement of the contract","issue_type":"law","dispositive":"yes","related_facts":"The contract involved illegal foreign currency transactions"}
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background
Facts of the Case
Background
The plaintiff, a company seeking to purchase luxury vehicles from London, approached the defendant to arrange payment of foreign currency for the purchases. The defendant, whose core business is information technology, agreed to source foreign currency through illegal means at black market rates. After the defendant failed to make full payment for one vehicle, the plaintiff sought to enforce the agreement through court action.
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