A. Adam and Company (Private) Limited & 2 Ors v Good Living Real Estate (Private) Limited

[2021] ZWSC 50

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Case Details

Court

Supreme Court

Date

14 May 2021

Citation

[2021] ZWSC 50

Judgment No.

SC 50/21

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gwaunza DCJ

Author

Makoni JA

Full Bench

Gwaunza DCJBhunu JAMakoni JA

Areas of Law

Arbitration LawCommercial LawCivil Procedure

Keywords

arbitral awardpublic policynatural justicecourt orderbiasrecusal

Key Issues

{"issue_text":"Whether the court a quo erred in holding that the arbitral award was contrary to public policy having been made in defiance of an extant court order","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator issued final award after CHIGUMBA J's order; order was extant at time of award"}
{"issue_text":"Whether the order of costs made by the court a quo is valid","issue_type":"procedural","dispositive":"no","related_facts":"Court a quo awarded costs on legal practitioner and client scale without reasons"}

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Facts of the Case

Background

The appellants obtained an arbitral award in their favour against the respondent. The respondent successfully applied to the High Court to set aside the award on grounds that it was contrary to public policy as the arbitrator had acted in defiance of a court order and violated rules of natural justice.

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