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Bulawayo High Court
UBUNTU BETHU MINING (PVT) LTD v A B J ENGINEERING (PVT) LTD
HB 122/19
Case Details
Court
Bulawayo High Court
Date
29 July 2019
Citation
HB 122/19
Neutral Citation
[2019] ZWHB 122
Outcome
unknown
Case Type
Trial
Bench
Presiding
MABHIKWA J
Full Bench
MABHIKWA J
Areas of Law
Contract LawCivil Procedure
Keywords
stamp millpurchase pricecancellation agreementunjust enrichmentprima facie case
Tags
contract lawsale agreementrefundabsolution from the instance
legislation
Statutes Cited
- None identified
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the parties agreed to cancel the agreement of sale","issue_type":"fact","dispositive":"yes","related_facts":"Existence of cancellation agreement, payment of US$5,000"}
- {"issue_text":"Whether defendant agreed to refund the deposit from proceeds of resale","issue_type":"fact","dispositive":"yes","related_facts":"Terms of alleged cancellation agreement"}
- {"issue_text":"Whether defendant was unjustly enriched at plaintiff's expense to the extent of US$21,700","issue_type":"law","dispositive":"yes","related_facts":"Payment of US$26,700, partial refund of US$5,000"}
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background
Facts of the Case
Background
Plaintiff purchased a stamp mill from defendant for US$43,700 and paid US$26,700 in installments. The parties later agreed to cancel the sale, and defendant made a partial refund of US$5,000, leaving a balance of US$21,700. Plaintiff sued for the refund, while defendant claimed the payment was ex-gratia for funeral expenses.
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