TN Harlequin Luxaire Limited & Anor v Quest Motors Manufacturing (Private) Limited

SC 30/18

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Case Details

Court

Supreme Court

Date

18 June 2018

Citation

SC 30/18

Neutral Citation

[2018] ZWSC 30

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MAKARAU JA

Full Bench

GWAUNZA JAMAKARAU JABHUNU JA

Areas of Law

Arbitration LawContract LawCivil Procedure

Keywords

arbitral awardpublic policyjurisdictionleasedamagesmitigation of loss

Key Issues

{"issue_text":"Whether the application to amend grounds of appeal to raise a point of law (arbitrator's jurisdiction) for the first time should be granted.","issue_type":"procedural","dispositive":"yes","related_facts":"The issue of jurisdiction was not raised before the arbitrator or the High Court."}
{"issue_text":"Whether the High Court application was fatally defective for failure to attach the original award to the founding affidavit.","issue_type":"procedural","dispositive":"no","related_facts":"The original award was attached to the answering affidavit."}
{"issue_text":"Whether the arbitral award is contrary to the public policy of Zimbabwe.","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator found the appellants in breach and awarded damages."}

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background

Facts of the Case

Background

The first appellant and respondent entered into a lease agreement with the second appellant as guarantor. The respondent expressed concern over the first appellant's disposal of assets and demanded fresh security. The appellants viewed this as repudiation and vacated the premises. The respondent referred the dispute to arbitration, which found the appellants in breach and awarded damages. The High Court registered the award, leading to this appeal.

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