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Harare High Court
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.
HH 43-24
Case Details
Court
Harare High Court
Date
25 January 2024
Citation
HH 43-24
Neutral Citation
[2024] ZWHH 43
Outcome
unknown
Case Type
Trial
Bench
Presiding
Manzunzu J
Full Bench
Manzunzu J
Areas of Law
Commercial LawCivil Procedure
Keywords
unjust enrichmentabsolution from the instanceprima facie casesheriff's auctionproperty sale
Tags
unjust enrichmentabsolution from the instancesheriff's salecommercial trial
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Statutes Cited
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ai analysis
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 at auction"}
- {"issue_text":"Whether Sheriff acted recklessly in paying creditors before transfer","issue_type":"mixed","dispositive":"no","related_facts":"Disbursement before transfer, Supreme Court setting aside sale"}
- {"issue_text":"Whether defendants must answer the plaintiff's prima facie case","issue_type":"procedural","dispositive":"yes","related_facts":"All evidence led by plaintiff"}
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background
Facts of the Case
Background
The plaintiff purchased property at a sheriff's auction for US$350,000 after an arbitral award was registered against Zeco. The sale was later set aside by the Supreme Court, but the plaintiff had already paid the purchase price and the Sheriff had disbursed funds to Zeco's creditors. The plaintiff sued for unjust enrichment claiming Zeco and the Sheriff were enriched at his expense.
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