Clovgate Elevator Company (Pvt) Ltd v Justice N. Mtshiya (Rtd) N.O and Zimbabwe Power Corporation (Pvt) Ltd

HH 624-23

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Case Details

Court

Harare High Court

Date

20 November 2023

Citation

HH 624-23

Neutral Citation

[2023] ZWHH 624

Outcome

unknown

Case Type

Application

Bench

Presiding

Manzunzu J

Full Bench

Manzunzu J

Areas of Law

Arbitration LawCommercial Law

Keywords

Arbitral AwardPublic PolicyContract VariationSetting Aside Award

Key Issues

{"issue_text":"Whether the arbitral award is contrary to public policy of Zimbabwe","issue_type":"law","dispositive":"yes","related_facts":"Award dismissed all variation claims and alternative claims"}
{"issue_text":"Whether arbitrator failed to determine all issues presented","issue_type":"procedural","dispositive":"no","related_facts":"Claims for damages and unjust enrichment"}
{"issue_text":"Whether arbitrator's reasoning was outrageous in defiance of logic","issue_type":"law","dispositive":"no","related_facts":"Arbitrator's findings on contract variations and evidence"}

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Facts of the Case

Background

Clovgate Elevator Company entered into a contract with Zimbabwe Power Corporation for lift shaft refurbishment at Kariba Power Station. Clovgate claimed the contract was varied resulting in extra expenses, but ZPC disputed this. The dispute went to arbitration before Justice Mtshiya, who ruled that all variations claimed were null and void and dismissed all claims.

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