Joel Simon Silonda (substituted by Executor Vusumuzi Thomas Silonda) v Vusumuzi Nkomo

SC 6/22

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Case Details

Court

Supreme Court

Date

25 January 2022

Citation

SC 6/22

Neutral Citation

[2022] ZWSC 6

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Kudya AJA

Full Bench

Guvava JAUchena JAKudya AJA

Areas of Law

Property LawContract LawUnjust Enrichment

Keywords

illegal agreementsubdivision permitimprovementsenrichmentevictionpari delicto

Key Issues

{"issue_text":"Whether respondent properly pleaded unjust enrichment claim for improvements","issue_type":"procedural","dispositive":"no","related_facts":"Counterclaim wording and evidence led"}
{"issue_text":"Whether court a quo erred in relaxing pari delicto rule and awarding compensation","issue_type":"mixed","dispositive":"yes","related_facts":"Illegal agreement and improvements made"}
{"issue_text":"Whether interest should run from date of counterclaim or judgment","issue_type":"law","dispositive":"no","related_facts":"Valuation date vs judgment date"}
{"issue_text":"Whether court should have ordered conditional eviction","issue_type":"procedural","dispositive":"no","related_facts":"Improvement lien and court's stated intention"}

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background

Facts of the Case

Background

The appellant sold a portion of his land to the respondent without a required subdivision permit, making the agreement illegal. The respondent built improvements on the land. When the relationship deteriorated, the appellant sought eviction and the respondent counterclaimed for compensation for improvements.

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