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Supreme Court

Tel-One (Private) Limited v Capitol Insurance Brokers (Private) Limited

[2018] ZWSC 60

Case Details

Court
Supreme Court
Date
8 October 2018
Citation
[2018] ZWSC 60
Judgment No.
SC 60-18
Outcome
unknown
Case Type
Appeal

Bench

Presiding
UCHENA JA
Full Bench
GWAUNZA DCJMAVANGIRA JAUCHENA JA
Areas of Law
Insurance LawArbitration LawCivil Procedure
Keywords
Insurance brokerArbitration agreementExceptionSpecial pleaContract formation
Tags
InsuranceArbitrationContract Law
legislation
Statutes Cited
  • Arbitration Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether exception and special plea were properly before court a quo","issue_type":"procedural","dispositive":"no","related_facts":"Capitol pleaded over to merits; exception not timeously set down"}
  • {"issue_text":"Whether court a quo erred in finding arbitration agreement existed without evidence","issue_type":"mixed","dispositive":"yes","related_facts":"No signed agreement; documents in bundles not formally admitted"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Tel-One claimed damages of $458,176 from Capitol Insurance Brokers for failure to secure insurance cover for employee deaths. Capitol raised exception and special plea alleging arbitration agreement existed and summons defective. Court a quo stayed proceedings and referred to arbitration. Tel-One appealed.
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