Veronica Nyoni v Bernadette Eva Ndoro N.O

Judgment No. SC 79/22

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Case Details

Court

Supreme Court

Date

11 July 2022

Citation

Judgment No. SC 79/22

Neutral Citation

[2022] ZWSC 79/22

Judgment No.

SC 79/22

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MATHONSI JA

Full Bench

UCHENA JAMATHONSI JAKUDYA JA

Areas of Law

Contract LawProperty Law

Keywords

Acknowledgment of DebtVerbal AgreementProperty TransferUnjust Enrichment

Key Issues

{"issue_text":"Whether the court a quo erred in holding that the appellant failed to prove her cause of action based on an acknowledgment of debt.","issue_type":"law","dispositive":"yes","related_facts":"The existence of a verbal acknowledgment of debt and the subsequent letter."}
{"issue_text":"Whether the court a quo could consider the issue of unjust enrichment, which was not pleaded.","issue_type":"procedural","dispositive":"no","related_facts":"The appellant's attempt to argue unjust enrichment on appeal."}
{"issue_text":"Whether the claim should be paid in United States Dollars.","issue_type":"law","dispositive":"no","related_facts":"The transaction was in US Dollars."}

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background

Facts of the Case

Background

The appellant, a realtor, claimed the late Dr. Ndoro acknowledged a debt of US$53,183 to her, arising from a property transaction where she was the actual purchaser but used a front. The High Court dismissed her claim, finding that while an acknowledgment might have been made, it was later revoked, and the claim was not proven.

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