Temba Dennymus v Isiah Nyamadzawo

HH 649-17

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Case Details

Court

Harare High Court

Date

27 September 2017

Citation

HH 649-17

Neutral Citation

[2017] ZWHH 649

Outcome

unknown

Case Type

Trial

Bench

Presiding

Tagu J

Full Bench

Tagu J

Areas of Law

Property lawUnjust enrichmentSet-off

Keywords

Unjust enrichmentMotor vehicleSet-offDamages

Key Issues

{"issue_text":"Whether the plaintiff at any time dealt with the defendant","issue_type":"fact","dispositive":"no","related_facts":"Phone conversations between plaintiff and defendant, arrangements for duty payment"}
{"issue_text":"Whether the plaintiff is entitled to the relief being sought","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant's enrichment, plaintiff's impoverishment, unjustified nature of enrichment"}

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background

Facts of the Case

Background

The plaintiff, residing in the UK, imported a Nissan Navara pickup through his agent Marshall Washaya for resale in Zimbabwe. When the vehicle developed mechanical problems and required $5,000 duty at the border, the defendant paid this amount as a loan to the plaintiff. After repairs, the defendant took the vehicle and sold it without accounting to the plaintiff, who claimed damages for unjust enrichment.

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