MUGUTI v UBOXIT WORLDWIDE (PVT) LTD & ORS 2010 (1) ZLR 13 (H)

2010 (1) ZLR p13

Flynote

Contract – illegality – rule against illegal contracts – courts will not compel performance by either party of an illegal contract – par delictum rule – where parties are equally in the wrong the loss will lie where it falls – relaxation of rule – discretion of court to do justice between man and man so as to prevent an unjust enrichment of one party at the expense of the other– unjust enrichment – part payment of contract fee – no evidence to show that services rendered were out of proportion to payment made – loss should lie where it falls