Tendai Savanhu v Felix Masiiwa Chinhamo

HH 719-18

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Case Details

Court

Harare High Court

Date

7 November 2018

Citation

HH 719-18

Neutral Citation

[2018] ZWHH 719

Outcome

unknown

Case Type

Application

Bench

Presiding

Tagu J

Full Bench

Tagu J

Areas of Law

Arbitration LawCommercial LawCivil Procedure

Keywords

arbitral awardpublic policyregistrationsetting asidearbitrationjoint venture agreement

Key Issues

{"issue_text":"Whether the arbitral award should be registered as an order of court","issue_type":"procedural","dispositive":"no","related_facts":"Award made on 1 March 2017, sounds in money"}
{"issue_text":"Whether the arbitral award should be set aside for being contrary to public policy","issue_type":"law","dispositive":"yes","related_facts":"Alleged shifting of burden of proof, arbitrator's allocation of onus"}
{"issue_text":"Whether the arbitrator violated fundamental principles of law by shifting the burden of proof","issue_type":"law","dispositive":"yes","related_facts":"Tendai produced Annexure C, Felix asked to disprove claims"}

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Facts of the Case

Background

Parties entered into a joint venture agreement for tobacco farming where Tendai Savanhu allowed Felix Chinhamo to use his farm and machinery. A dispute arose over breach of agreement, leading to arbitration. An award was made against Felix, who sought to set it aside claiming it violated public policy by shifting the burden of proof.

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