CITY OF HARARE v ZIMUCHA 1995 (1) ZLR 285 (S)
Citation | 1995 (1) ZLR 285 (S) |
Case No | Judgment No. S-32-95 |
Court | Supreme Court, Harare |
Judge | McNally JA, Korsah JA & Ebrahim JA |
Heard | 2 March, 6 April 1995 |
Judgment | 13 April 1995 |
Counsel | T Biti for the appellant |
Case Type | Civil appeal |
Annotations | Link to case annotations |
Flynote
Enrichment — condictio indebiti — mistake in law — not a bar to relief — money paid recoverable unless equity suggests that a greater wrong would be done by ordering repayment than by declining to do so
Enrichment — condictio causa data causa non secuta - when exists
Enrichment — when exists — employee who was sick failing to submit sick leave forms — thereby disentitling himself to salary actually received but also disentitling himself to other benefits which would have accrued had he submitted form — not enriched
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