Edgars Stores Limited v Fortrid Resources Africa (Pvt) Ltd and David Coltart N.O.

HB 170/25

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Case Details

Court

Bulawayo High Court

Date

17 October 2025

Citation

HB 170/25

Neutral Citation

[2025] ZWHB 170

Outcome

unknown

Case Type

Application

Bench

Presiding

Kabasa J

Full Bench

Kabasa J

Areas of Law

Arbitration LawCommercial LawContract Law

Keywords

arbitral awardpublic policymerchandise supply agreementthird party agreementcurrency of payment

Key Issues

{"issue_text":"Whether the arbitral award offended public policy by going outside the MSA","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator found the Lutfeyah transaction was outside the MSA"}
{"issue_text":"Whether the arbitrator exceeded his mandate by ordering payment only in US dollars","issue_type":"law","dispositive":"yes","related_facts":"The MSA had no clause restricting payment to US dollars only"}
{"issue_text":"Whether the threshold for setting aside an arbitral award on public policy grounds was met","issue_type":"law","dispositive":"yes","related_facts":"The award constituted palpable inequity defying logic"}

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background

Facts of the Case

Background

The applicant sought to set aside an arbitral award requiring it to pay US$40,534.08 to the first respondent. The dispute arose from a merchandise supply agreement where the applicant withheld payment claiming set-off for undelivered goods from a third party (Lutfeyah Fashionary), which the arbitrator found was a separate arrangement outside the MSA.

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