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Masvingo High Court
Avim Investments (Pvt) Ltd v Livetouch Investments (Pvt) Ltd
HMA 48-22
Case Details
Court
Masvingo High Court
Date
29 June 2022
Citation
HMA 48-22
Neutral Citation
[2022] ZWHMA 48
Outcome
unknown
Case Type
Application
Bench
Presiding
Zisengwe J
Full Bench
Zisengwe J
Areas of Law
Arbitration LawCommercial LawContract Law
Keywords
arbitral award registrationcurrency denominationcontract breachcoal fines supply
Tags
arbitrationcontractcurrencycommercial dispute
legislation
Statutes Cited
- Arbitration Act
- Arbitration Act
- Finance Act (No. 2 of 2019)
- Prescription Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitral award should be registered despite being denominated in US dollars","issue_type":"mixed","dispositive":"yes","related_facts":"Contract specified US dollar payment; currency laws changed during contract period"}
- {"issue_text":"Whether the award violated public policy by breaching currency regulations","issue_type":"law","dispositive":"yes","related_facts":"Finance Act No. 2 of 2019 and related instruments restricted foreign currency use"}
- {"issue_text":"Whether ordering payment before delivery was a palpable irregularity","issue_type":"law","dispositive":"no","related_facts":"Contract required delivery before payment obligation arose"}
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background
Facts of the Case
Background
The applicant sought to enforce an arbitral award of US$815,000 against the respondent for breach of a coal fines supply contract. The respondent opposed registration, arguing the award violated public policy by denominated in US dollars contrary to Zimbabwe's currency laws.
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