SIBANDA v NYATHI & ORS 2009 (2) ZLR 171 (H)
Citation | 2009 (2) ZLR 171 (H) |
Case No | Judgment No. HB-94-09 |
Court | High Court, Bulawayo |
Judge | Kamocha J |
Heard | 25 March 2008 |
Judgment | 17 September 2009 |
Counsel | P Ncube, for the applicant |
Case Type | Civil application |
Annotations | No case annotations to date |
Flynote
Contract – illegality – contract agreement understating purchase price so as to avoid capital gains tax and stamp duty – contract illegal and void – contract not yet performed – court will refuse to enforce it – court's powers when contract otherwise genuine and mostly carried out – court entitled to declare true purchase price so as to reflect true agreement
Costs – legal practitioner and client scale – abuse of process – litigant having no defence to a claim but nevertheless pursuing it in bad faith — unsubstantiated allegations against an attorney involved in the case — award on the scale of attorney and client justified
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