Jason Corbett N.O. v Zeco Holdings (Private) Limited and Halgor Estate (Private) Limited and The Sheriff of Zimbabwe N.O. and The Master of the High Court N.O.
Presidential Powers (Temporary Measures) (Amendment of Reserve Bank Act & Issue of Real Time Gross Settlement Electronic Dollars (RTGS Dollars)) Regulations
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Case Summary
Key Issues
{"issue_text":"Whether plaintiff made payment of purchase price to Sheriff","issue_type":"fact","dispositive":"no","related_facts":"Payment of US$350,000 made in two installments"}
{"issue_text":"Whether Sheriff acted recklessly and negligently in paying creditors before transfer","issue_type":"mixed","dispositive":"no","related_facts":"Funds disbursed on 13 October 2015, no transfer occurred"}
{"issue_text":"Whether Sheriff caused plaintiff loss of US$350,000 and must pay damages","issue_type":"mixed","dispositive":"no","related_facts":"Sale set aside, no refund made"}
{"issue_text":"Whether Sheriff was unjustly enriched by receiving commission for sale that was set aside","issue_type":"law","dispositive":"no","related_facts":"Sheriff deducted US$17,500 commission"}
{"issue_text":"Whether Zeco was unjustly enriched by having creditors paid from sale proceeds and quantum of damages","issue_type":"mixed","dispositive":"yes","related_facts":"US$314,960 paid to Zeco creditors"}
{"issue_text":"Whether Zeco was enriched by having rates cleared by plaintiff and whether plaintiff entitled to reimbursement","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff paid ZWL3,387 in rates"}
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background
Facts of the Case
Background
The plaintiff, as executor of his late father's estate, purchased property at a sheriff's auction for US$350,000. The sale was later set aside by the Supreme Court. The plaintiff sought restitution of the purchase price and damages for unjust enrichment, claiming that Zeco benefited when its creditors were paid from the sale proceeds and that the Sheriff acted negligently in disbursing funds before property transfer.
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