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Harare High Court
Francina Zimayi v Burdock Investments (Private) Limited and Auxillia Danayi Munyeza and William Kenneth Lunt
HH 64-2007
Case Details
Court
Harare High Court
Date
17 September 2007
Citation
HH 64-2007
Neutral Citation
[2007] ZWHH 64
Outcome
unknown
Case Type
Application
Bench
Presiding
Patel J
Full Bench
Patel J
Areas of Law
Property LawArbitration LawDelict
Keywords
arbitration awardproperty transferdelictual damagesbona fide purchaserpublic policy
Tags
arbitrationproperty disputedelictual damagesbona fide purchaser
legislation
Statutes Cited
- Arbitration Act
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"What is the proper date for calculating delictual damages - date of delict (November 2001) or date of award (September 2004)?","issue_type":"law","dispositive":"yes","related_facts":"Property sold November 2001, award made September 2004"}
- {"issue_text":"Is the arbitrator's award so grossly unreasonable as to constitute a palpable inequity contrary to public policy?","issue_type":"law","dispositive":"yes","related_facts":"Award of $4.8 million plus interest, interest rate and commencement date"}
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background
Facts of the Case
Background
The applicant purchased a stand from the 1st respondent in December 2000, but the 1st respondent later sold the same property to the 2nd respondent in November 2001, claiming the first agreement had lapsed. The dispute was referred to arbitration where the arbitrator awarded the applicant $4.8 million as damages rather than ordering property transfer, finding the 2nd respondent was a bona fide purchaser who had made significant improvements.
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