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Harare High Court

Gladys Svosve versus Khaled Kassim Joosab and Justice N T Mtshiya

HH 182-23

Case Details

Court
Harare High Court
Date
10 March 2023
Citation
HH 182-23
Neutral Citation
[2023] ZWHH 182
Outcome
unknown
Case Type
Application

Bench

Presiding
MANGOTA J
Full Bench
MANGOTA J
Areas of Law
Arbitration LawContract LawProperty Law
Keywords
arbitral awardset asidepublic policynatural justicelease agreementproperty swap
Tags
arbitrationlease agreementproperty disputepublic policy
legislation
Statutes Cited
  • Arbitration Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitral award violates public policy of Zimbabwe","issue_type":"law","dispositive":"no","related_facts":"Arbitral award entered on 26 November 2021, Gladys's counter-claim dismissed"}
  • {"issue_text":"Whether the arbitrator violated natural justice by ignoring submissions","issue_type":"law","dispositive":"no","related_facts":"Gladys's submissions in support of counter-claim"}
  • {"issue_text":"Whether the arbitral award has been registered for enforcement purposes","issue_type":"procedural","dispositive":"no","related_facts":"Joosab's application HC 66/22 for registration"}
  • {"issue_text":"Whether Gladys provided complete record of arbitration proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Missing documents including statements of claim, defence, submissions, transcript, valuation reports"}
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background
Facts of the Case

Background

Gladys Svosve leased property from Khaled Kassim Joosab in 2008 and entered into a property swap option agreement. Following a dispute, Joosab invoked arbitration under clause 14.1 of the lease agreement. The arbitrator entered judgment for Joosab and dismissed Gladys's counter-claim. Gladys applied to set aside the arbitral award, claiming it violated public policy and natural justice.
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