Ever Prosperous Worldwide Ltd v Xtenda Financial Holdings Ltd & Ors

HH 05-25

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Case Details

Court

Harare High Court

Date

6 January 2025

Citation

HH 05-25

Neutral Citation

[2025] ZWHH 5

Outcome

unknown

Case Type

Application

Bench

Presiding

Mafusire J

Full Bench

Mafusire J

Areas of Law

Arbitration LawCommercial LawBanking Law

Keywords

ArbitrationAward vs RulingRes judicataPublic policyNatural justiceFraud

Key Issues

{"issue_text":"Whether the Chawatama determination was an award capable of being set aside under Art 34","issue_type":"law","dispositive":"yes","related_facts":"Determination terminated proceedings; made under Art 32 not Art 16"}
{"issue_text":"Whether the court has jurisdiction to set aside the determination","issue_type":"law","dispositive":"yes","related_facts":"Respondents argued it was a ruling not award"}
{"issue_text":"Whether the determination violated public policy of Zimbabwe","issue_type":"mixed","dispositive":"yes","related_facts":"Based on non-existent award; breach of natural justice"}

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background

Facts of the Case

Background

The applicant sought to set aside an arbitral determination by Regis Chawatama dated 15 April 2024, which terminated arbitration proceedings based on res judicata due to a prior Bere award. The Bere award had subsequently been set aside by the court on 11 April 2024, but the respondents failed to inform the arbitrator of this fact.

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