Housing Corporation of Zimbabwe (Private) Limited v Zimnat Lion Insurance Company (Private) Limited and National Social Security Authority

Key Issues

• {"issue_text":"Whether the application complied with Rule 241(1) of High Court Rules","issue_type":"procedural","dispositive":"no","related_facts":"Form used was hybrid of Form 29 and 29B"}
• {"issue_text":"Whether the matter was urgent","issue_type":"procedural","dispositive":"no","related_facts":"Applicant acted after bond was called on 25 July 2018"}
• {"issue_text":"Whether the draft order was defective for referring to non-existent arbitration","issue_type":"procedural","dispositive":"no","related_facts":"Arbitration proceedings had commenced by hearing date"}
• {"issue_text":"Whether applicant adopted wrong procedure by approaching court instead of arbitration","issue_type":"procedural","dispositive":"no","related_facts":"Performance bond clause allows court jurisdiction; clause 27:11 permits interim relief"}
• {"issue_text":"Whether interdict should be granted to prevent payment on performance bond pending arbitration","issue_type":"mixed","dispositive":"yes","related_facts":"Dispute over breach exists; financial consequences if payment made; balance of convenience"}

Background