FARAI MASHONGANYIKA vs JUSTICE GEORGE SMITH (RETIRED) N.O and TRIBAC (PVT) LTD and BRIAN COCKER and ROY MANUEL

Key Issues

• {"issue_text":"Whether the matter was raised out of time","issue_type":"procedural","dispositive":"no","related_facts":"Award dated 7 August 2017, availed 12 September 2017, filed 12 December 2017"}
• {"issue_text":"Whether there was non-joinder of Farm Track (Pvt) Ltd making the application fatally defective","issue_type":"procedural","dispositive":"no","related_facts":"Farm Track was principal debtor but not joined as party"}
• {"issue_text":"Whether applicant lacks locus standi as she is only a surety","issue_type":"procedural","dispositive":"no","related_facts":"Applicant bound herself as surety and co-principal debtor"}
• {"issue_text":"Whether the arbitral award offends public policy of Zimbabwe and should be set aside","issue_type":"law","dispositive":"yes\n### ARGUMENTS SECTION","related_facts":"Award exonerated third and fourth respondents based on vis major finding"}

Background