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Supreme Court
Chawara Syndicate v Pickwerl Mining (Private) Limited & Anor
SC 93/19
Case Details
Court
Supreme Court
Date
21 November 2019
Citation
SC 93/19
Neutral Citation
[2019] ZWSC 93
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MAVANGIRA JA
Full Bench
GOWORA JAGUVAVA JAMAVANGIRA JA
Areas of Law
Arbitration LawContract LawProperty LawConstitutional Law
Keywords
arbitral awardpublic policyland reformillegal occupationcompensationChawara Dam
Tags
arbitrationpublic policyland acquisitioncontract enforcement
legislation
Statutes Cited
- Arbitration Act
- Gazetted Lands (Consequential Provisions) Act
- Constitution of Zimbabwe Amendment (No.20) Act 2013
- Land Acquisition Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a party whose land has been acquired by the State can remain in occupation and seek protection of the law","issue_type":"legal","dispositive":"yes","related_facts":"Land acquisition in 2001, continued occupation by Hook"}
- {"issue_text":"Whether a party whose land has been acquired can enter into a contract concerning compensation for improvements","issue_type":"legal","dispositive":"yes","related_facts":"Agreement entered in 2005 for dam use payments"}
- {"issue_text":"Whether the arbitral award was contrary to public policy","issue_type":"legal","dispositive":"yes","related_facts":"Award made in favour of appellant, High Court set it aside"}
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background
Facts of the Case
Background
The appellant, a syndicate of three farmers whose land was compulsorily acquired by the State in 2001, entered into an agreement with the first respondent in 2005 for monthly payments of US$3,000 as compensation for use of Chawara Dam on the acquired land. After payments ceased in 2011, arbitration was instituted resulting in an award in favour of the appellant. The High Court set aside the award as contrary to public policy.
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