Samukange v Marange Resources (Private) Ltd (HC 3148 of 2014; HH 691 of 2020) [2020] ZWHHC 691 (11 November 2020)

Samukange v Marange Resources (Private) Ltd (HC 3148 of 2014; HH 691 of 2020) [2020] ZWHHC 691 (11 November 2020)

The plaintiff proved ownership and use of the truck by the defendant, who benefitted without payment. Defendant’s denials were false and contradicted by its own witness. Plaintiff is entitled to the value of the truck or the amount of unjust enrichment, with interest and costs.

Citation
[2020] ZWHHC 691
Parties
Plaintiff: Jonathan Samukange; Defendant: Marange Resources (Private) Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
11 November 2020
Case Number
HC 3148 of 2014 ; HH 691 of 2020
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff’s claim succeeds with costs.
Legal Topics
Unjust Enrichment, Contract, Damages, Ownership of Property
Source Language
English
Civil Law Unjust Enrichment Contract Damages Ownership of Property

Case Brief

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Parties

Jonathan Samukange

Plaintiff

Marange Resources (Private) Limited

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether there was an agreement between plaintiff and defendant
  2. 2 Whether defendant was unjustly enriched from using plaintiff’s Toyota Dyna truck
  3. 3 Whether defendant is liable for USD 230,000 being the value of the truck or the sum for which it was unjustly enriched

Ratio Decidendi

The plaintiff proved ownership and use of the truck by the defendant, who benefitted without payment. Defendant’s denials were false and contradicted by its own witness. Plaintiff is entitled to the value of the truck or the amount of unjust enrichment, with interest and costs.

Court Disposition

Plaintiff’s claim succeeds with costs.

Orders

  • Defendant to pay plaintiff USD 230,000 at the applicable bank rate, being the value of the truck at commencement of use or the sum for which defendant was unjustly enriched.
  • Interest at 5% per annum from August 2009 to date of full and final payment.