Martha Makosa v Estate Late Felix Chasi (Represented by Francis Chasi, the Executor)

HCC 08-24

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Case Details

Court

Chinhoyi High Court

Date

8 February 2024

Citation

HCC 08-24

Neutral Citation

[2024] ZWHCC 08

Outcome

unknown

Case Type

Trial

Bench

Presiding

MUZOFA J

Full Bench

MUZOFA J

Areas of Law

Property LawDelictEstate Law

Keywords

Unjust enrichmentImprovementsIllegal contractIn pari delictoCompensation

Key Issues

{"issue_text":"Whether defendant was unjustly enriched by plaintiff's improvements","issue_type":"mixed","dispositive":"yes","related_facts":"Property improved from 4 to 10 rooms, defendant now enjoys improved property"}
{"issue_text":"Whether plaintiff is entitled to compensation despite illegal contract","issue_type":"law","dispositive":"yes","related_facts":"Contract was cancelled as illegal, plaintiff seeks compensation not on contract but unjust enrichment"}
{"issue_text":"Whether defendant's counterclaims prescribed","issue_type":"procedural","dispositive":"no","related_facts":"Counterclaims for rentals and damages"}
{"issue_text":"Whether defendant entitled to rentals","issue_type":"law","dispositive":"no","related_facts":"Plaintiff collected rentals under illegal contract"}

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Facts of the Case

Background

Plaintiff purchased property from deceased's wife who was executrix, made improvements from 4 to 10 rooms, sale later cancelled by court, plaintiff claimed compensation for improvements based on unjust enrichment. Defendant counterclaimed for rentals and damages.

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