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Harare High Court
Manifest Security (Private) Limited v ZESA Holdings (Private) Limited
HH 18-24
Case Details
Court
Harare High Court
Date
15 January 2024
Citation
HH 18-24
Neutral Citation
[2024] ZWHH 18
Outcome
unknown
Case Type
Trial
Bench
Presiding
Musithu J
Full Bench
Musithu J
Areas of Law
Commercial LawContract LawCivil Procedure
Keywords
arbitration clausedomestic transactioncurrency denominationspecial plea
Tags
contract disputebreach of contractarbitration clausecurrency regulations
legislation
Statutes Cited
- Arbitration Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether clause 17 arbitration clause ousts court jurisdiction","issue_type":"procedural","dispositive":"yes","related_facts":"Clause 17 uses \"may give notice\" language"}
- {"issue_text":"Whether plaintiff's claim denominated in US dollars is competent","issue_type":"procedural","dispositive":"yes","related_facts":"Statutory Instrument 212 of 2019 requires domestic transactions in Zimbabwe dollars"}
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background
Facts of the Case
Background
The plaintiff provided security services to defendant under a contract for 11 sites but defendant only assigned 5 sites, allegedly breaching the contract. Plaintiff claimed US$36,660 damages for the 6 unassigned sites. Defendant raised special pleas challenging jurisdiction due to arbitration clause and competence of claim due to currency denomination.
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