UBUTH BETHU MINING (PVT) LTD t/a UBUNTU BETHU MINING (PVT) LTD v A B J ENGINEERING (PVT) LTD

HB 182/21

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Case Details

Court

Bulawayo High Court

Date

30 September 2021

Citation

HB 182/21

Neutral Citation

[2021] ZWHB 182

Outcome

unknown

Case Type

Trial

Bench

Presiding

MABHIKWA J

Full Bench

MABHIKWA J

Areas of Law

Contract LawLaw of Unjust Enrichment

Keywords

stamp millcancellationdepositex-gratiapro forma invoice

Key Issues

{"issue_text":"Whether the parties agreed to cancel the agreement of sale.","issue_type":"fact","dispositive":"yes","related_facts":"Existence of cancellation agreement; Authority of Ephraim Ndaba."}
{"issue_text":"Whether it was a term of the cancellation that the defendant would sell the stamp mill to a third party and refund the plaintiff from the proceeds.","issue_type":"fact","dispositive":"no","related_facts":"Terms of the cancellation agreement."}
{"issue_text":"Whether the defendant has been unjustly enriched at the plaintiff’s expense to the extent of US$21,700.00.","issue_type":"law","dispositive":"yes","related_facts":"Retention of US$21,700.00; Lack of justification."}

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background

Facts of the Case

Background

The plaintiff paid US$26,700.00 to the defendant for the purchase of a stamp mill. The parties later agreed to cancel the sale agreement, and the defendant made a partial refund of US$5,000.00, leaving a balance of US$21,700.00. The plaintiff sued for this balance, claiming either a refund or for the defendant to be held liable for unjust enrichment.

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