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Harare High Court
Anyway Choto v Gray Homes (Pvt) Ltd
HH 147/25
Case Details
Court
Harare High Court
Date
10 March 2025
Citation
HH 147/25
Neutral Citation
[2025] ZWHH 147
Outcome
unknown
Case Type
Trial
Bench
Presiding
Manzunzu J
Full Bench
Manzunzu J
Areas of Law
Contract LawCivil Procedure
Keywords
arbitration agreementspecial pleajurisdictionprocedural compliance
Tags
breach of contractarbitration clauseprocedural objection
legislation
Statutes Cited
- Arbitration Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the objection to jurisdiction was procedurally taken","issue_type":"procedural","dispositive":"yes","related_facts":"Objection raised in plea not special plea"}
- {"issue_text":"Whether the case should be referred to arbitration","issue_type":"procedural","dispositive":"no","related_facts":"Arbitration agreement exists"}
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background
Facts of the Case
Background
Plaintiff sued defendant for breach of a construction contract seeking refunds and damages. Defendant raised a preliminary objection that the matter should be referred to arbitration as per the parties' agreement. Plaintiff resisted, arguing the objection was not raised procedurally in compliance with court rules.
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