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Supreme Court
A. Adam and Company (Private) Limited & SGI Properties (Private) Limited & Garabga Ncube and Partners v Goodliving Real Estate (Private) Limited
SC 18/21
Case Details
Court
Supreme Court
Date
29 March 2021
Citation
SC 18/21
Neutral Citation
[2021] ZWSC 18
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Guvava JA
Full Bench
Guvava JAMavangira JABhunu JA
Areas of Law
Commercial lawProperty lawArbitration law
Keywords
InterdictPartnership agreementArbitral awardRental sharingProperty management
Tags
Partnership disputeInterdictArbitrationProperty development
legislation
Statutes Cited
- Arbitration Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo correctly granted the interdict sought by the respondent","issue_type":"procedural","dispositive":"yes","related_facts":"Court considered interim interdict requirements instead of final interdict requirements"}
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background
Facts of the Case
Background
The appellants and respondent entered into a partnership agreement for property development where the respondent would develop shops on the appellants' properties and share rentals 33%/67%. A dispute arose over the duration of the agreement (3 years vs 15 years), leading to arbitration. After the arbitral award was set aside, the respondent obtained an interdict from the High Court ordering rental sharing and prohibiting interference with property management.
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