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Bulawayo High Court
GWANDA RURAL DISTRICT COUNCIL v MOTSAMAI (PVT) LTD t/a TULI LIMPOMPO and THE OFFICER-IN-CHARGE, ZRP GWANDA and NATIONAL PARKS AND WILDLIFE MANAGEMENT AUTHORITY
HB 46-19
Case Details
Court
Bulawayo High Court
Date
4 April 2019
Citation
HB 46-19
Neutral Citation
[2019] ZWHB 46
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mabhiwa J
Full Bench
Mabhiwa J
Areas of Law
Commercial LawContract LawArbitration Law
Keywords
Joint Venture AgreementInterdictHunting RightsArbitrationBreach of Contract
Tags
Joint Venture AgreementInterdictArbitrationSafari Operations
legislation
Statutes Cited
- Arbitration Act [Chapter 7:15] (Schedule – Model Law)
- Arbitration Act [Chapter 7:15] (Schedule – Model Law)
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has shown a prima facie case for granting of interim relief","issue_type":"mixed","dispositive":"yes","related_facts":"Breach of Joint Venture Agreement, continued hunting after termination"}
- {"issue_text":"Whether requirements for temporary interdict have been met","issue_type":"law","dispositive":"yes","related_facts":"Ongoing hunting activities, arbitration pending"}
- {"issue_text":"Whether court can grant interim relief pending arbitration","issue_type":"law","dispositive":"no","related_facts":"Article 9 of Model Law, arbitral tribunal not yet appointed"}
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background
Facts of the Case
Background
The applicant council and first respondent entered into a Joint Venture Agreement for safari operations. After alleged breaches by the respondent, the agreement was terminated but respondent continued hunting activities on the ranch. Applicant sought an interdict pending arbitration as provided in the agreement.
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