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Harare High Court
Galaxy Engineering Design Consultants (Private) Limited v Great Zimbabwe University and Prostruct Engineering (Private) Limited
HH 320-17
Case Details
Court
Harare High Court
Date
22 May 2017
Citation
HH 320-17
Neutral Citation
[2017] ZWHH 320
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIWESHE JP
Full Bench
CHIWESHE JP
Areas of Law
Contract lawCivil procedure
Keywords
Special pleaArbitration clausePayment disputeCivil engineering contract
Tags
Contract disputePayment claimArbitration clause
legislation
Statutes Cited
- Police and Criminal Evidence Act 1984
- Regulation of Investigatory Powers Act 2000
- Human Rights Act 1998
- European Convention on Human Rights, art 6
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant's claim for payment for services rendered constitutes a dispute that must be referred to arbitration under clause 15(2) of the agreement","issue_type":"procedural","dispositive":"yes","related_facts":"Services rendered, payment not made, no substantive dispute alleged"}
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background
Facts of the Case
Background
The applicant, a civil engineering design consultancy, entered into an agreement with the first respondent (Great Zimbabwe University) and second respondent in January 2013 to provide civil engineering services for campus construction projects. After completion of works totaling US$9,239,059.45, the applicant claimed its half share of US$4,660,117.49. The first respondent failed to pay despite demand and raised a special plea that the matter should be referred to arbitration.
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