Malunga & Anor v Wede (HC 4124 of 2009; HH 362 of 2016) [2016] ZWHHC 362 (15 June 2016)

Restitution is available to prevent unjust enrichment where a contract is declared void for illegality; the defendant, having recovered the property, must refund the purchase price to the plaintiffs, and set-off for damages or rentals is not available as the contract is void ab initio.

Citation: [2016] ZWHHC 362
Parties: Plaintiff: Tarsisio Malunga; Plaintiff: Bertha Malunga; Defendant: Alex Elias Wede
Court: Harare High Court
Jurisdiction: Zimbabwe
Judgment Date: 15 June 2016
Case Number: HC 4124 of 2009 ; HH 362 of 2016
Procedural Posture: Civil Trial / Judgment After Stated Case
Outcome: judgment for the plaintiffs
Legal Topics: Null and Void Contracts, Illegality, Unjust Enrichment, Restitution, Set Off, Damages, Currency Conversion
Source Language: English

Contract Law Restitution Property Law Null and Void Contracts Illegality Unjust Enrichment Set Off Damages +1 more

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Tarsisio Malunga

Plaintiff

Bertha Malunga

Plaintiff

Alex Elias Wede

Defendant

Procedural Posture

Civil Trial / Judgment After Stated Case

Legal Issues

1 Whether plaintiffs are entitled to restitution of sums paid under a void agreement
2 What value in pounds sterling is to be ascribed to ZW$5,000,000,000 paid as part of the purchase price
3 Whether defendant is entitled to set off sums claimed as rentals and damages for breach of agreement from sums paid by plaintiffs

Ratio Decidendi

Court Disposition

judgment for the plaintiffs

Orders

Defendant to pay plaintiffs £32,800.00
Defendant to pay interest at the legally prescribed rate from date of service of summons to date of payment