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Harare High Court

Isonya Investments (Pvt) Ltd v Moongroove Investments (Pvt) Ltd

HH 412-25

Case Details

Court
Harare High Court
Date
10 July 2025
Citation
HH 412-25
Neutral Citation
[2025] ZWHH 412
Outcome
unknown
Case Type
Trial

Bench

Presiding
KATIYO J
Full Bench
KATIYO J
Areas of Law
Commercial LawUnjust EnrichmentContract LawCurrency Law
Keywords
RestitutionUnjust enrichmentVoid contractCurrency conversionPrescriptionLand transaction
Tags
Unjust enrichmentRestitutionVoid contractCurrency conversionPrescription
legislation
Statutes Cited
  • Prescription Act
  • Prescription Act
  • Regional, Town and Country Planning Act
  • Finance Act (No. 2) of 2019
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the plaintiff's claim is extinguished by prescription","issue_type":"procedural","dispositive":"no","related_facts":"Claim instituted in 2024, more than 3 years after July 2019 demand"}
  • {"issue_text":"Whether the defendant's debt was converted to RTGS dollars at 1:1 rate by operation of law","issue_type":"law","dispositive":"no","related_facts":"Payments made before February 2019, acknowledgment after effective date"}
  • {"issue_text":"Whether the plaintiff is entitled to restitution of money paid and whether defendant would be unjustly enriched if allowed to retain the money","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant received and retained US$616,518, provided no consideration"}
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background
Facts of the Case

Background

Plaintiff paid US$616,518 to defendant under void land sale and lease agreements. Defendant refused refund claiming prescription and currency conversion to RTGS at 1:1 rate. Court found claim not prescribed and not converted, ordering full USD refund.
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