Back to top
Zalari has raised $2 million USD in a founding round led by Nyamaropa Technologies
Harare High Court

Farpin Investments (Private) Limited v NetOne Cellular (Private) Limited & Anor

HH 28-16

Case Details

Court
Harare High Court
Date
13 January 2016
Citation
HH 28-16
Neutral Citation
[2016] ZWHH 28
Outcome
unknown
Case Type
Application

Bench

Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Commercial LawArbitration LawCompany Law
Keywords
arbitration awardpublic policybreach of agreementprivity of contractdamagescosts
Tags
arbitrationsetting aside arbitral awardpublic policycompany lawbreach of contract
legislation
Statutes Cited
  • Arbitration Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitration award was impeachable for violation of public policy","issue_type":"law","dispositive":"no","related_facts":"Arbitrator found no privity of contract between parties under SPA"}
  • {"issue_text":"Whether the arbitrator contradicted himself in his two awards","issue_type":"law","dispositive":"no","related_facts":"Applicant claimed liability was settled in first award"}
  • {"issue_text":"Whether NetOne breached the ASS and Farpin was entitled to damages","issue_type":"mixed","dispositive":"yes","related_facts":"NetOne cancelled SPA; Farpin claimed damages for lost value"}
  • {"issue_text":"Whether the arbitrator misdirected himself on costs award","issue_type":"procedural","dispositive":"partial","related_facts":"Costs awarded on attorney-client scale against Farpin alone"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Applicant sought to set aside an arbitration award claiming the arbitrator misconstrued the factual basis of its claim and that the award contradicted public policy. The dispute arose from a share sale agreement where NetOne sold its 60% shareholding in Zellco to Farpin, with clause 13.2 obliging NetOne to renew the Service Provider Agreement between NetOne and Zellco for five years. NetOne cancelled the SPA, leading to arbitration proceedings.
Read the full judgment, get AI analysis, and find related cases
Open in Zalari →