ANDREW MUZAMHINDO vs ZIMBABWE CRICKET

HH 720-18

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Case Details

Court

Harare High Court

Date

2 November 2018

Citation

HH 720-18

Neutral Citation

[2018] ZWHH 720

Outcome

unknown

Case Type

Application

Bench

Presiding

MANGOTA J

Full Bench

MANGOTA J

Areas of Law

Arbitration LawCommercial LawInterest Claims

Keywords

Arbitral awardInterestExceptionRegistration of awardArticle 31(6)(b) Arbitration Act

Key Issues

{"issue_text":"Whether the court has power to award interest not specified in an arbitral award","issue_type":"law","dispositive":"yes","related_facts":"Original arbitral award silent on interest, plaintiff claiming interest under Article 31(6)(b)"}
{"issue_text":"Whether Article 31(6)(b) of the Arbitration Act automatically awards interest on arbitral awards","issue_type":"law","dispositive":"yes","related_facts":"Award silent on interest, plaintiff amended claim to rely on this provision"}
{"issue_text":"Whether the plaintiff's claim had prescribed","issue_type":"law","dispositive":"no","related_facts":"Payment completed in 2015, claim filed in 2017"}

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background

Facts of the Case

Background

Plaintiff obtained an arbitral award of $103,208.35 in 2009, registered it in 2012, and received full payment by 2015. In 2017, he sued claiming interest of $30,962.52 on the award amount, later amending to claim $25,400 based on Article 31(6)(b) of the Arbitration Act.

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