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Harare High Court
TUSILAGO (PRIVATE) LIMITED v HOMELINK (PRIVATE) LIMITED
HH 167-10
Case Details
Court
Harare High Court
Date
28 July 2010
Citation
HH 167-10
Neutral Citation
[2010] ZWHH 167
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Contract LawExchange Control Regulations
Keywords
storage chargesforeign currency paymentillegal agreementin pari delictoExchange Control Regulations
Tags
storage chargesforeign currencyillegal contractexchange control
legislation
Statutes Cited
- Exchange Control Regulations
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the agreement between the parties is valid and enforceable given that payment was to be made in foreign currency without exchange control authority permission","issue_type":"law","dispositive":"yes","related_facts":"Payment in foreign currency; lack of exchange control permission"}
- {"issue_text":"Whether the court should exercise discretion to relax the maxim in pari delicto est condition possedentis","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff parting with money; enrichment of parties"}
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background
Facts of the Case
Background
Plaintiff claimed USD 18,000 for storage charges for 12 kitchens from April 2008 to June 2009, plus ongoing charges from July 2009. The claim arose from an agreement where plaintiff would assemble and fit kitchens in defendant's houses, with defendant liable for storage charges until fitting. Payment was to be made in foreign currency.
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