Investors Africa-Takura Ventures (Private) Limited v Lakavert Investments (Private) Limited and Interfin Banking Corporation Limited

HH 284-2012

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Case Details

Court

Harare High Court

Date

5 July 2012

Citation

HH 284-2012

Neutral Citation

[2012] ZWHH 284

Outcome

unknown

Case Type

Application

Bench

Presiding

Kudya J

Full Bench

Kudya J

Areas of Law

Commercial LawArbitration LawBanking Law

Keywords

arbitration clausespecial pleabanking guaranteeshare sale agreementjurisdiction

Key Issues

{"issue_text":"Whether the court has jurisdiction to hear the matter before arbitration","issue_type":"procedural","dispositive":"yes","related_facts":"Existence of arbitration clause, failure to request arbitration in first plea"}
{"issue_text":"Whether there exists a dispute between the parties requiring arbitration","issue_type":"mixed","dispositive":"yes","related_facts":"Undisputed breach of payment obligation"}

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Facts of the Case

Background

The plaintiff sold shares to the first defendant with payment guaranteed by the second defendant. When payment was not made by the due date, the plaintiff sued both defendants. The first defendant raised a special plea claiming the matter should first go to arbitration in terms of the agreement's arbitration clause.

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