Mega Park Zimbabwe P/L v Global Technologies Central Africa P/L (HC 5183 of 2007) [2008] ZWHHC 84 (23 September 2008)

Mega Park Zimbabwe P/L v Global Technologies Central Africa P/L (HC 5183 of 2007) [2008] ZWHHC 84 (23 September 2008)

The plaintiff’s claim is dismissed because the contract was illegal, violating exchange control regulations, and is unenforceable under the maxim ex turpi causa non oritur actio. The court will not assist parties to enforce or unravel illegal agreements.

Source-derived case information.

Citation
[2008] ZWHHC 84
Parties
Plaintiff: MEGA PAK ZIMBABWE P/L; Defendant: GLOBAL TECHNOLOGIES CENTRAL AFRICA P/L
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
23 September 2008
Case Number
HC 5183 of 2007
Procedural Posture
Civil / Trial
Outcome
plaintiff's claim dismissed
Legal Topics
Illegality of Contract, Exchange Control Regulations, Enforcement of Illegal Agreements, Public Policy in Contract Enforcement
Source Language
english
Contract Law Public Policy Illegality of Contract Exchange Control Regulations Enforcement of Illegal Agreements Public Policy in Contract Enforcement

Source-derived case record

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Parties

MEGA PAK ZIMBABWE P/L

Plaintiff

GLOBAL TECHNOLOGIES CENTRAL AFRICA P/L

Defendant

Procedural Posture

Civil / Trial

Legal Issues

  1. 1 Whether the contract between the parties is illegal and unenforceable due to violation of exchange control regulations
  2. 2 Whether the plaintiff is entitled to specific performance or damages under an illegal contract
  3. 3 Whether the in pari delicto rule or restitution applies in the circumstances

Ratio Decidendi

The plaintiff’s claim is dismissed because the contract was illegal, violating exchange control regulations, and is unenforceable under the maxim ex turpi causa non oritur actio. The court will not assist parties to enforce or unravel illegal agreements.

Court Disposition

plaintiff's claim dismissed

Orders

  • The plaintiff’s claim is dismissed.
  • Each party shall bear its own costs.