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Harare High Court
Quarrying Enterprises (Private) Limited v Stonezim (Private) Limited and 2 Ors
HH 304-23
Case Details
Court
Harare High Court
Date
17 May 2023
Citation
HH 304-23
Neutral Citation
[2023] ZWHH 304
Outcome
unknown
Case Type
Application
Bench
Presiding
Deme J
Full Bench
Deme J
Areas of Law
Civil ProcedureArbitrationCommercial Law
Keywords
writ of executionarbitral awardholding over damagesinflation adjustmentCentral Statistics Office
Tags
writ of executionarbitral awardquantificationinflation adjustment
legislation
Statutes Cited
- Arbitration Act
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the writ of execution was irregular for failing to precisely state the sum sought to be recovered and including extrinsic evidence","issue_type":"procedural","dispositive":"yes","related_facts":"Writ included inflation calculations not in original order; parties disagreed on amount; no certified inflation data provided"}
- {"issue_text":"Whether the provisional order staying execution should be confirmed","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant sought confirmation of March 2022 provisional order"}
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background
Facts of the Case
Background
The applicant sought confirmation of a provisional order staying execution and setting aside a writ of execution issued to enforce an arbitral award. The dispute centered on the validity of the writ which included inflation-adjusted calculations not specified in the original court order, with parties disagreeing on the exact amount owed.
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