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Harare High Court
Dohne Construction (Pvt) Ltd v Unki Mines (Pvt) Ltd
HH 43-21
Case Details
Court
Harare High Court
Date
17 February 2021
Citation
HH 43-21
Neutral Citation
[2021] ZWHH 43
Outcome
unknown
Case Type
Application
Bench
Presiding
CHAREWA J
Full Bench
CHAREWA J
Areas of Law
Contract lawConstruction lawCommercial dispute resolution
Keywords
Adjudicator decisionContractual enforcementConstruction agreementSpecific performancePrescription
Tags
Construction contractAdjudicationSpecific performanceContractual obligations
legislation
Statutes Cited
- Prescription Act
- Prescription Act
- Arbitration Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an adjudicator's decision is enforceable as a contractual obligation despite a notice of dissatisfaction and consequent referral to arbitration","issue_type":"law","dispositive":"yes","related_facts":"Adjudicator ruled termination improper; respondent issued notice of dissatisfaction; arbitration pending"}
- {"issue_text":"Whether the applicant's claim has prescribed","issue_type":"procedural","dispositive":"no","related_facts":"Adjudicator's decision rendered in 2015; application instituted in 2020"}
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background
Facts of the Case
Background
The applicant sought to compel the respondent to comply with an adjudicator's decision regarding the improper termination of a construction contract for 158 housing units. The respondent had issued a notice of dissatisfaction and referred the matter to arbitration, but the applicant argued the adjudicator's decision was binding as a contractual obligation unless and until revised by the tribunal.
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