National Social Security Authority v Housing Cooperation Zimbabwe (Private) Limited & Anor

[2022] ZWSC 20

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Case Details

Court

Supreme Court

Date

13 September 2021

Citation

[2022] ZWSC 20

Judgment No.

SC 20/22

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mavangira JA

Full Bench

Mavangira JAUchena JAChatukuta JA

Areas of Law

Arbitration lawCommercial contracts

Keywords

Arbitral awardAuthenticationHousing offtake agreementSetting aside award

Key Issues

{"issue_text":"Whether an arbitral award must be authenticated before registration under Article 35(2) of the Arbitration Act","issue_type":"procedural","dispositive":"no","related_facts":"Arbitrator signed award; first respondent applied for registration without authenticated copy"}
{"issue_text":"Whether the court a quo failed to determine the application to set aside the arbitral award","issue_type":"procedural","dispositive":"yes","related_facts":"Court a quo referred to submissions and arbitrator's findings without own decision"}

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Facts of the Case

Background

The appellant and first respondent entered into a housing offtake agreement for construction of 8,000 housing units. After appellant paid US$16 million deposit, respondent cancelled the agreement and claimed US$56,842,364 damages. Arbitration awarded US$30 million to respondent. High Court registered the award and dismissed appellant's application to set it aside.

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