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Harare High Court
Mikando Investments (Pvt) Ltd v Blackdawn Investments (Pvt) Ltd
HH 792-18
Case Details
Court
Harare High Court
Date
28 November 2018
Citation
HH 792-18
Neutral Citation
[2018] ZWHH 792
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIKOWERO J
Full Bench
CHIKOWERO J
Areas of Law
Commercial LawArbitration LawContract Law
Keywords
arbitration clausejoint venture agreementspecial pleastay of proceedingsreferral to arbitration
Tags
arbitrationjoint venturecontract cancellationspecial plea
legislation
Statutes Cited
- Arbitration Act
- Regional Town and Country Planning Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the dispute ought to be referred to arbitration in terms of clause 21 of the Joint Venture Agreement","issue_type":"procedural","dispositive":"yes","related_facts":"Existence of arbitration clause, dispute arising from cancellation"}
- {"issue_text":"Whether there were any moneys paid to defendant by plaintiff in terms of the Joint Venture Agreement and if so how much","issue_type":"factual","dispositive":"no","related_facts":"Payment claims and denials"}
- {"issue_text":"Whether the Joint Venture Agreement is void ab initio for non-compliance with planning laws","issue_type":"law","dispositive":"no","related_facts":"Section 39 of Regional Town and Country Planning Act"}
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background
Facts of the Case
Background
Plaintiff sued defendant for refund of US$410 000 paid under a cancelled Joint Venture Agreement. Defendant raised a special plea that the dispute must be referred to arbitration in terms of clause 21 of the agreement.
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