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Harare High Court

WINDMILL (PRIVATE) LIMITED v GABRIEL CHAIBVA

HH 111-17

Case Details

Court
Harare High Court
Date
22 February 2017
Citation
HH 111-17
Neutral Citation
[2017] ZWHH 111
Outcome
unknown
Case Type
Application

Bench

Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Arbitration LawContract LawCivil Procedure
Keywords
Arbitral AwardSetting AsidePublic PolicyNatural JusticeFunctus Officio
Tags
ArbitrationSetting Aside AwardCommercial Contract
legislation
Statutes Cited
  • Arbitration Act
  • Arbitration Act
  • Arbitration Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"What were the terms of reference for arbitration?","issue_type":"fact","dispositive":"no","related_facts":"Scope of arbitration agreed by parties"}
  • {"issue_text":"Whether or not the determination made by the Honourable Arbitrator on 14 September 2015 was a final award?","issue_type":"law","dispositive":"yes","related_facts":"Nature of the email ruling"}
  • {"issue_text":"Whether or not the Arbitrator was impartial in his approach vis-à-vis the award of 10 June 2016?","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator's conduct and use of language"}
  • {"issue_text":"Is the subsequent award issued by the Arbitrator on 9 June 2016 purportedly quantifying the award consistent with public policy of Zimbabwe?","issue_type":"law","dispositive":"yes","related_facts":"Lack of opportunity to be heard on damages"}
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background
Facts of the Case

Background

The applicant, a manufacturer and distributor of fertilizers and agricultural inputs, entered into a contract growing agreement with the respondent for the 2011/2012 agricultural season. A dispute arose regarding a shortfall in repayments and the termination of the agreement, which was referred to arbitration. The arbitrator issued a ruling on 14 September 2015 finding the respondent was not in breach of contract. Subsequently, on 10 June 2016, the arbitrator issued a further award quantifying damages without giving the applicant an opportunity to respond to the respondent's claim for damages.
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