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Harare High Court

Maranatha Ferrochrome (Private) Limited v RioZim Limited

HH 109/21

Case Details

Court
Harare High Court
Date
17 March 2021
Citation
HH 109/21
Neutral Citation
[2021] ZWHH 109
Outcome
unknown
Case Type
Trial

Bench

Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Property LawContract LawDelict
Keywords
ex turpi causain pari delictosubdivision permitRegional Town and Country Planning Actunjust enrichment
Tags
Illegal contractUnjust enrichmentDemolitionSubdivision permitMining land
legislation
Statutes Cited
  • Regional, Town and Country Planning Act
  • Finance (No. 2) Act, No. 7 of 2019
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Was the 2003 sale agreement valid and enforceable?","issue_type":"law","dispositive":"yes","related_facts":"Absence of subdivision permits, parties’ conduct, statutory requirement"}
  • {"issue_text":"If the agreement was illegal, can the plaintiff claim restitution on grounds of unjust enrichment?","issue_type":"law","dispositive":"yes","related_facts":"Payment of purchase price, 14-year occupation, demolition"}
  • {"issue_text":"Is the plaintiff’s claim prescribed?","issue_type":"procedural","dispositive":"no","related_facts":"Date of demolition (2017), date of summons (2018)"}
  • {"issue_text":"Can the plaintiff denominate its claim in US dollars?","issue_type":"law","dispositive":"no","related_facts":"Multi-currency regime, timing of loss (2017), SI 85 of 2020"}
  • {"issue_text":"Should costs be awarded at attorney and client scale?","issue_type":"procedural","dispositive":"no","related_facts":"Conduct of defendant, breakdown of relationship"}
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background
Facts of the Case

Background

The plaintiff, Maranatha Ferrochrome, purchased three plots of land from RioZim in 2003, paid the full purchase price, and occupied them. The defendant later claimed the sale was illegal due to lack of subdivision permits. After failed negotiations, the defendant demolished the plaintiff’s buildings in 2017. The plaintiff sued for replacement cost or unjust enrichment. The court found the sale agreement illegal but awarded restitution on grounds of unjust enrichment.
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