Musingarambwi v Dewa (HC 779 of 2013) [2015] ZWHHC 413 (28 April 2015)

Musingarambwi v Dewa (HC 779 of 2013) [2015] ZWHHC 413 (28 April 2015)

The contract was fundamentally illegal as it was aimed at evading customs duty, and public policy precludes the court from granting relief or compensation for such agreements.

Citation
[2015] ZWHHC 413
Parties
Plaintiff: Admire T Musingarambwi; Defendant: Onward Dewa
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
28 April 2015
Case Number
HC 779 of 2013
Procedural Posture
Trial Cause / Judgment
Outcome
Claim dismissed
Legal Topics
Illegality of Contract, Unjust Enrichment, Customs Duty Evasion
Source Language
English
Contract Law Public Policy Illegality of Contract Unjust Enrichment Customs Duty Evasion

Case Brief

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Parties

Admire T Musingarambwi

Plaintiff

Onward Dewa

Defendant

Procedural Posture

Trial Cause / Judgment

Legal Issues

  1. 1 Whether the defendant entered into an agreement with the plaintiff to act as a clearing agent for the clearing of the plaintiff’s vehicle
  2. 2 Whether the defendant accepted payment from the plaintiff for his services and if so whether this constitutes a valid contract for provision of services
  3. 3 Whether the defendant is liable to the plaintiff for the sum claimed

Ratio Decidendi

The contract was fundamentally illegal as it was aimed at evading customs duty, and public policy precludes the court from granting relief or compensation for such agreements.

Court Disposition

Claim dismissed

Orders

  • Each party to pay their own costs