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Harare High Court

Premium Leaf Zimbabwe (Pvt) Ltd v Kuaranda Farming (Pvt) Ltd & 3 Ors

HH 455-21

Case Details

Court
Harare High Court
Date
8 September 2021
Citation
HH 455-21
Neutral Citation
[2021] ZWHH 455
Outcome
unknown
Case Type
Application

Bench

Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Commercial LawArbitration LawContract Law
Keywords
arbitration awardpublic policycurrency conversionstatutory instrumentstobacco contract
Tags
arbitrationcontractcurrencypublic policy
legislation
Statutes Cited
  • Exchange Control Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitral award is contrary to public policy of Zimbabwe","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator's interpretation of statutory instruments, currency conversion at 1:1 rate"}
  • {"issue_text":"Whether the arbitrator properly applied his mind to the issues before him","issue_type":"law","dispositive":"no","related_facts":"Arbitrator's reasoning process, consideration of applicable legislation"}
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background
Facts of the Case

Background

The applicant contracted the first respondent to grow tobacco for the 2018-2019 season. The second and third respondents bound themselves as sureties. The respondents failed to deliver sufficient tobacco to offset a US$427,024.90 liability. An arbitrator ruled the debt should be paid in Zimbabwe dollars at 1:1 rate. The applicant sought to set aside this award as contrary to public policy.
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