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Harare High Court
Augur Investments OU v City of Harare and David A Whatman N.O.
HH 725-18
Case Details
Court
Harare High Court
Date
7 November 2018
Citation
HH 725-18
Neutral Citation
[2018] ZWHH 725
Outcome
unknown
Case Type
Application
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Arbitration lawCommercial lawCivil procedure
Keywords
arbitral awardpublic policyprescriptionnatural justiceauthentication of documents
Tags
arbitrationsetting aside arbitral awardprescriptionpublic policy
legislation
Statutes Cited
- Arbitration Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitral award should be set aside on grounds of being contrary to public policy","issue_type":"mixed","dispositive":"yes","related_facts":"Arbitrator's finding on prescription, applicant's contention of palpable inequity"}
- {"issue_text":"Whether the applicant's founding affidavit was fatally defective due to unauthenticated company resolution","issue_type":"procedural","dispositive":"no","related_facts":"Company resolution executed outside Zimbabwe not authenticated"}
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background
Facts of the Case
Background
The applicant sought to set aside an arbitral award granted by the second respondent arbitrator in favor of the first respondent City of Harare. The arbitrator had found the applicant's claim for damages had prescribed in June 2013, though the claim was only made in 2017. The applicant contended the award was contrary to public policy as it breached natural justice and conflicted with substantive law on prescription.
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