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Harare High Court
Helensville Construction (Pvt) Ltd v Kadoma City Council
HH 434-18
Case Details
Court
Harare High Court
Date
25 July 2018
Citation
HH 434-18
Neutral Citation
[2018] ZWHH 434
Outcome
unknown
Case Type
Application
Bench
Presiding
CHAREWA J
Full Bench
CHAREWA J
Areas of Law
Commercial LawContract Law
Keywords
arbitration clausespecial pleadispute resolutionbreach of contract
Tags
Contract LawArbitrationSpecial Plea
legislation
Statutes Cited
- None cited
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the special plea that dispute should be referred to arbitration should be upheld","issue_type":"procedural","dispositive":"yes","related_facts":"Contract contains clauses 24 and 25 for dispute resolution; no project manager decision is disputed"}
- {"issue_text":"Whether clauses 24 and 25 constitute a valid arbitration clause ousting court jurisdiction","issue_type":"law","dispositive":"yes","related_facts":"Clause 25 states \"Either party may refer a decision of the Adjudicator to an Arbitrator\""}
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background
Facts of the Case
Background
The plaintiff sued defendant for payment of $34,378.06 for services rendered and $50,441.49 for damages for breach of contract. The defendant terminated the contract alleging plaintiff's breach and raised a special plea that the dispute should be referred to arbitration in terms of the contract's dispute resolution mechanism.
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