Alvestone Estate (1985) (Private) Limited v Tracy Mutinhiri and Honourable N. T. Mtshiya (Retired) N.O. (Arbitrator)

HH 574-25

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Case Details

Court

Harare High Court

Date

29 September 2025

Citation

HH 574-25

Neutral Citation

[2025] ZWHH 574

Outcome

unknown

Case Type

Application

Bench

Presiding

Mambara J

Full Bench

Mambara J

Areas of Law

Arbitration lawCommercial lawContract law

Keywords

ArbitrationSetting aside awardExcess of mandateArticle 34(2)(iii)Commercial Arbitration CentreLand Utilisation and Debt Repayment Agreement

Key Issues

{"issue_text":"Did the arbitrator exceed the scope of his authority by ordering renegotiation and adding new terms not within the submission, thereby violating Article 34(2)(iii)?","issue_type":"law","dispositive":"yes","related_facts":"Narrow submission limited to extant and breach issues; arbitrator ordered renegotiation and new termination clauses"}
{"issue_text":"Do the respondent’s defences of lack of counsel, undue hardship, or unjust enrichment bar relief under Article 34(2)(iii)?","issue_type":"law","dispositive":"no","related_facts":"Respondent appeared in person; claims hardship and enrichment"}

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Facts of the Case

Background

The applicant and respondent entered into a ten-year Land Utilisation and Debt Repayment Agreement whereby the applicant managed the respondent’s farm and repaid her US$340,000 CBZ Bank loan. After the debt was repaid within three years, the respondent demanded vacation and interfered with operations. The applicant referred a narrow dispute to arbitration: whether the Agreement remained extant and whether the respondent was in breach. The arbitrator declared the Agreement extant but also ordered renegotiation and inserted new termination provisions. The applicant seeks to set aside those paragraphs as beyond the submission.

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