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NYATHI v ESTATE MABUZA & ORS 2019 (2) ZLR 123 (H)

2019 (2) ZLR p123

Citation

2019 (2) ZLR 123 (H)

Case No

Judgment No. HB-54-19

Court

High Court, Bulawayo

Judge

Bere J

Heard

18 January 2018; 19 January 2018

Judgment

11 April 2019

Counsel

J Ndubiwa, for the plaintiff
T Sibanda, for the first and second defendants

Case Type

Claim for compensation

Annotations

Flynote

Enrichment – unjust enrichment – claim for – requirements to be met – lessee making improvements on leased land without consent of lessor – no right to claim for unjust enrichment

Landlord and tenant – lease – lessee making improvements not authorized by lessor – lessee not entitled to compensation for unjust enrichment of lessor

Practice and procedure – parties – "clean hands" – requirement to come to court with – litigant who has refused to obey a lawful court order – whether entitled to approach court to establish his rights

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