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Harare High Court
Pioneer Transport (Private) Limited v Delta Corporation Limited and David Leslie Crutteden
HH 18-2012
Case Details
Court
Harare High Court
Date
1 January 2012
Citation
HH 18-2012
Neutral Citation
[2012] ZWHH 18
Outcome
unknown
Case Type
Application
Bench
Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Commercial LawArbitration LawContract Law
Keywords
arbitration awardpublic policyprescriptionspecific performancebilateral obligations
Tags
arbitrationcommercial contracttransport servicesspecific performance
legislation
Statutes Cited
- Arbitration Act
- Arbitration Act
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitrator acted outside the provisions of the enabling agreement","issue_type":"law","dispositive":"no","related_facts":"Arbitrator found termination date of 30 November 2005 contrary to clause 2"}
- {"issue_text":"Whether the claim had prescribed under the Prescription Act","issue_type":"law","dispositive":"no","related_facts":"Claim instituted on 26 September, applicant contended prescription completed 31 December 2008"}
- {"issue_text":"Whether specific performance was contrary to public policy regarding bilateral obligations","issue_type":"law","dispositive":"yes","related_facts":"Applicant argued unjust enrichment and inability of Delta to perform its obligations"}
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background
Facts of the Case
Background
Pioneer Transport sought to set aside an arbitral award requiring it to return Delta Corporation's trailers in good working condition. The dispute centered on contract duration, prescription of claim, and whether specific performance was contrary to public policy regarding bilateral obligations.
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