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Harare High Court
City of Harare v Augur Investments OU & 2 Ors
HH 727-18
Case Details
Court
Harare High Court
Date
7 November 2018
Citation
HH 727-18
Neutral Citation
[2018] ZWHH 727
Outcome
unknown
Case Type
Application
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Commercial LawArbitration LawContract Law
Keywords
Arbitral AwardPublic PolicySuspensive ConditionsContract ValidityUrban Councils Act
Tags
ArbitrationPublic PolicyContract ValiditySuspensive Conditions
legislation
Statutes Cited
- Arbitration Act
- Urban Councils Act
- Companies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitral award should be set aside for being contrary to public policy","issue_type":"mixed","dispositive":"yes","related_facts":"Non-fulfilment of suspensive conditions, contract execution without resolutions"}
- {"issue_text":"Whether the contract was valid despite non-fulfilment of suspensive conditions","issue_type":"law","dispositive":"yes","related_facts":"Clauses 5.2 and 5.3 requiring council and board resolutions"}
- {"issue_text":"Whether the penalty clause was enforceable","issue_type":"law","dispositive":"no","related_facts":"Penalty clause introduced separately, no resolutions approving it"}
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background
Facts of the Case
Background
The City of Harare sought to set aside an arbitral award that had ordered it to pay US$15 million to Augur Investments OU for termination of a construction agreement. The agreement contained suspensive conditions requiring council and board resolutions that were never fulfilled.
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