DUBE v KHUMALO 1986 (2) ZLR 103 (S)
Citation | 1986 (2) ZLR 103 (S) |
Case No | Details not supplied |
Court | Supreme Court, Bulawayo |
Judge | Dumbutshena CJ, Gubbay JA & McNally JA |
Heard | 25 June 1986 |
Judgment | 20 August 1986 |
Counsel | A P de Bourbon SC for the appellant |
Case Type | Civil appeal |
Annotations | Link to case annotations |
Flynote
Criminal law — fraud — prejudice — whether fact that misrepresentee is induced into contract is prejudice.
Contract — enforceability — contra bonos mores — facilitates adulterous association — whether this immoral in case of unregistered customary marriage — illegality — ex turpi causa non oritur actio — inflexibility of maxim — par delictum rule — depart from.
Practice and procedure — pleading — illegality of contract — duty to plead where not apparent ex facie the transaction — joinder — deferment of judgment pending ascertainment of attitude of party not joined who should have been joined.
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