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Harare High Court
Zimbabwe National Water Authority v Forester Estates (Private) Limited
HH 421-17
Case Details
Court
Harare High Court
Date
5 July 2017
Citation
HH 421-17
Neutral Citation
[2017] ZWHH 421
Outcome
unknown
Case Type
Application
Bench
Presiding
Makoni J
Full Bench
Makoni J
Areas of Law
Contract LawCivil ProcedureArbitration Law
Keywords
Water supplyAcknowledgement of DebtICSIDSpecial pleaException to summons
Tags
Water rightsArbitrationSet-offException
legislation
Statutes Cited
- Arbitration (International Investment Disputes) Act
- High Court Rules 1971
- Constitution of Zimbabwe
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the exception to the citation of a non-existent defendant should be upheld","issue_type":"procedural","dispositive":"yes","related_facts":"Misspelling of defendant's name as \"FORREST ESTATES\" instead of \"FORRESTER ESTATE\""}
- {"issue_text":"Whether proceedings should be stayed under s 7 of the Arbitration Act pending ICSID arbitration","issue_type":"procedural","dispositive":"yes","related_facts":"Pending ICSID arbitration between Von Pezold family and Zimbabwe Government"}
- {"issue_text":"Whether set-off can be raised as a special plea","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant's claim that government departments owe it money"}
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background
Facts of the Case
Background
The plaintiff issued summons against the defendant for payment of US$1,548.00 for water supplied. The defendant raised an exception regarding misspelling of its name, a special plea to stay proceedings pending an ICSID arbitration involving its shareholders and the Zimbabwe Government, and a special plea of set-off claiming debts owed by other government departments.
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