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Harare High Court
Surface Wilmar Private Limited v Windmill Private Limited
HH 575-25
Case Details
Court
Harare High Court
Date
29 September 2025
Citation
HH 575-25
Neutral Citation
[2025] ZWHH 575
Outcome
unknown
Case Type
Application
Bench
Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Commercial LawContract LawArbitration Law
Keywords
debt recoveryarbitration agreementjurisdictioncontract enforcement
Tags
debt recoveryarbitration clausecontract enforcement
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court has jurisdiction to hear the matter given the arbitration clause","issue_type":"procedural","dispositive":"yes","related_facts":"Existence of arbitration clause, parties agreed to arbitration"}
- {"issue_text":"Whether the relief sought is competent regarding currency specification","issue_type":"procedural","dispositive":"no","related_facts":"Applicant seeks payment in USD only"}
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background
Facts of the Case
Background
The applicant, Surface Wilmar Private Limited, brought a court application to recover a debt of USD$79,500-20 from the respondent, Windmill Private Limited, arising from a supply agreement for soya bean meal. The respondent admitted owing the applicant but raised a point in limine challenging the court's jurisdiction based on an arbitration clause in the agreement.
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