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Harare High Court
Kadoma City Council v Peter Morris (NO) and Bernard Musarurwa (NO) and Alan Young and Aloe Enterprises (Pvt) Ltd
HH 578-18
Case Details
Court
Harare High Court
Date
3 October 2018
Citation
HH 578-18
Neutral Citation
[2018] ZWHH 578
Outcome
unknown
Case Type
Application
Bench
Presiding
Mabhikwa J
Full Bench
Mabhikwa J
Areas of Law
Arbitration LawInternational Commercial ArbitrationAdministrative Law
Keywords
arbitral awardsetting asidenatural justicefair hearingspecial pleasres judicatajurisdictionprescription
Tags
arbitrationinternational commercial arbitrationnatural justiceaudi alteram partem
legislation
Statutes Cited
- Arbitration Act
- Model Law on International Commercial Arbitration (1985, as amended)
- Model Law on International Commercial Arbitration
- Model Law on International Commercial Arbitration
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitral tribunal violated natural justice principles by determining special pleas and making an award without affording parties opportunity to be heard","issue_type":"procedural","dispositive":"yes","related_facts":"Special pleas filed, award made without hearing, tribunal sought legal counsel"}
- {"issue_text":"Whether applicant waived right to object under article 4 of Model Law","issue_type":"procedural","dispositive":"no","related_facts":"Applicant participated in arbitration, paid tribunal fees"}
- {"issue_text":"Whether court has jurisdiction to set aside interlocutory arbitral decision","issue_type":"law","dispositive":"no","related_facts":"Award dismissed special pleas but merits still pending"}
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background
Facts of the Case
Background
Kadoma City Council applied to set aside an arbitral award made by three arbitrators, arguing that the tribunal violated natural justice principles by determining special pleas (res judicata, jurisdiction, and prescription) and proceeding to make an award on the merits without affording the parties an opportunity to be heard on the preliminary issues.
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