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Supreme Court
Big Valley Masters (Private) Limited v Shi Jinwu
SC 24/21
Case Details
Court
Supreme Court
Date
1 April 2021
Citation
SC 24/21
Neutral Citation
[2021] ZWSC 24
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Gwaunza DCJ
Author
Guvava JA
Full Bench
Gwaunza DCJGuvava JAMavangira JA
Areas of Law
Contract LawCommercial LawEquity
Keywords
Joint ventureMining agreementLoan repaymentContract breachEquitable principleUnjust enrichment
Tags
Joint venture agreementLoan agreementBreach of contractEquity principleUnjust enrichment
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether court a quo erred in applying principle of equity to order repayment despite respondent's breach","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent paid US$89,000 but breached agreement; never recovered money through mining"}
- {"issue_text":"Whether interest should be awarded when applying equitable principle","issue_type":"law","dispositive":"no","related_facts":"Respondent was in breach of agreement"}
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background
Facts of the Case
Background
Appellant gold mining company and respondent Chinese investor entered into joint venture agreements. Respondent paid US$89,000 as loan but agreements failed. High Court applied equity principle ordering repayment despite respondent's breach. Supreme Court partially allowed appeal, removing interest award.
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