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Harare High Court
Ever Prosperous Worldwide Ltd v Xtenda Financial Holdings Ltd & Ors
HH 05-25
Case Details
Court
Harare High Court
Date
6 January 2025
Citation
HH 05-25
Neutral Citation
[2025] ZWHH 05-25
Outcome
unknown
Case Type
Application
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Arbitration lawCommercial lawBanking law
Keywords
Arbitration awardPublic policyRes judicataNatural justiceFraud
Tags
ArbitrationCommercial disputeBanking law
legislation
Statutes Cited
- Arbitration Act [Chapter 7:15]
- Arbitration Act [Chapter 7:15]
- Arbitration Act [Chapter 7:15]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Chawatama determination was an award capable of being set aside under Art 34","issue_type":"procedural","dispositive":"yes","related_facts":"Chawatama proceeded under Art 32, terminated proceedings finally"}
- {"issue_text":"Whether court has jurisdiction to set aside Chawatama determination","issue_type":"procedural","dispositive":"yes","related_facts":"Determination made under Art 32 not Art 16"}
- {"issue_text":"Whether Chawatama determination violated public policy","issue_type":"mixed","dispositive":"yes","related_facts":"Based on non-existent award, left applicant without recourse"}
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background
Facts of the Case
Background
The applicant sought to set aside an arbitral determination by Regis Chawatama that terminated arbitration proceedings based on res judicata, claiming the determination was induced by fraud and violated natural justice. The respondents opposed, arguing the determination was a ruling not subject to Art 34 setting aside provisions.
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