Paarklip Trading CC and Elkse Burger v Arnold Taruvinga and Proud Mutuso and David Mhiribidi and Langton Masunda

HB 127-20

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Case Details

Court

Bulawayo High Court

Date

25 June 2020

Citation

HB 127-20

Neutral Citation

[2020] ZWHB 127

Outcome

unknown

Case Type

Application

Bench

Presiding

Moyo J

Full Bench

Moyo J

Areas of Law

Contract LawCommercial Law

Keywords

Elephant hunting contractTrust accountRefundBreach of contractRestitution

Key Issues

{"issue_text":"Whether the respondents are obliged to refund the USD58,000 paid for the elephant hunting agreement","issue_type":"mixed","dispositive":"yes","related_facts":"Payment of money, failure to capture elephants, contractual terms"}
{"issue_text":"Whether the applicants had proper authority to institute proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Company resolution, authority of representatives"}
{"issue_text":"Whether the 2nd applicant has locus standi","issue_type":"procedural","dispositive":"no","related_facts":"Status as party to agreement"}

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background

Facts of the Case

Background

The applicants paid USD58,000 into the trust account of the respondents' law firm as part of an agreement to hunt elephants on the 4th respondent's property. When no elephants were found for capture by the agreed deadline of 31 July 2018, the applicants demanded a refund which was refused. The respondents claimed they were entitled to retain the money under Article 11 of the agreement.

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