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Harare High Court
Lloyd Gambiza v Pikirai Taziva
HH 109-2008
Case Details
Court
Harare High Court
Date
27 August 2008
Citation
HH 109-2008
Neutral Citation
[2008] ZWHH 109
Outcome
unknown
Case Type
Trial
Bench
Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Contract LawCommercial Law
Keywords
illegal agreementforeign currencyexchange control regulationsmotor vehicle salerestitution
Tags
contract lawillegalityforeign currencymotor vehicle sale
legislation
Statutes Cited
- Exchange Control Regulations
- Decimal Currency Act
- Reserve Bank Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the agreement tainted by exchange control violations can be enforced or cancelled","issue_type":"mixed","dispositive":"yes","related_facts":"Payment of deposit in foreign currency without authorization"}
- {"issue_text":"Whether the par delicto rule should be relaxed to prevent unjust enrichment","issue_type":"law","dispositive":"yes","related_facts":"Defendant paid less than half purchase price and retained vehicle"}
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background
Facts of the Case
Background
The plaintiff sold his Mitsubishi Chariot motor vehicle to the defendant for ZAR25,000 (or Z$6 million) with ZAR8,000 paid as deposit and the balance of ZAR17,000 due by 20 January 2007. The defendant failed to pay the balance, leading to a dispute over whether the agreement was illegal due to foreign currency regulations and whether the vehicle should be returned.
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