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Bulawayo High Court
Aaron Nyarugwe v Dharwizi Transport (Private) Limited
HB 118/25
Case Details
Court
Bulawayo High Court
Date
16 July 2025
Citation
HB 118/25
Neutral Citation
[2025] ZWHB 118
Outcome
unknown
Case Type
Application
Bench
Presiding
NDUNA J
Full Bench
NDUNA J
Areas of Law
Arbitration LawContract LawCivil Procedure
Keywords
Setting aside arbitral awardPublic policyTime barConstruction contract
Tags
ArbitrationConstructionPublic Policy
legislation
Statutes Cited
- Arbitration Act [Chapter 7:15]
- Arbitration Act [Chapter 7:15]
- Arbitration Act [Chapter 7:15]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application was filed out of time","issue_type":"procedural","dispositive":"no","related_facts":"Date of award (28 April 2022), date of filing (29 July 2022), date of receipt"}
- {"issue_text":"Whether the arbitral award is contrary to the public policy of Zimbabwe","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator's findings on liability, contract expiry, and blame"}
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background
Facts of the Case
Background
The Applicant, Tzircalle Brothers (Private) Limited, entered into a contract with the City of Bulawayo to service residential stands. The contract expired on 26 June 2018, and the City recalled the remaining advance payment from a bank guarantee. The Applicant initiated arbitration, which dismissed its claims and upheld the City's counterclaims. The Applicant now seeks to set aside the award, arguing it is contrary to public policy.
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