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Harare High Court
Lola Verlaque and Edward Verlaque v Chester Mhende and Mary Anne Mhende and Moses Hungwe Chinhengo N.O. Chester Mhende and Mary Anne Mhende v Lola Verlaque and Edward Verlaque
HH 13-25
Case Details
Court
Harare High Court
Date
15 January 2025
Citation
HH 13-25
Neutral Citation
[2025] ZWHH 13
Outcome
unknown
Case Type
Application
Bench
Presiding
Chikowero J
Full Bench
Chikowero J
Areas of Law
Arbitration LawCommercial LawContract Law
Keywords
arbitral awardsetting asidepublic policydamagesevidencejoint venture
Tags
arbitrationsetting aside arbitral awardregistration of arbitral awardjoint venture agreementdamages
legislation
Statutes Cited
- Arbitration Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the arbitral award should be set aside for violating public policy by awarding damages without evidence","issue_type":"law","dispositive":"yes","related_facts":"Damages awarded based on notional figures; no evidence of actual production or sales; no mitigation evidence"}
- {"issue_text":"Whether the application for registration of the arbitral award should be granted","issue_type":"procedural","dispositive":"no","related_facts":"Dependent on outcome of setting aside application"}
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background
Facts of the Case
Background
The applicants and first/second respondents entered into a joint venture agreement for farming operations on Kwayedza Farm. Disputes arose, leading to arbitration. The arbitrator awarded damages to the first/second respondents based on notional calculations without evidence. The applicants sought to set aside the arbitral award for violating public policy by awarding damages without evidence.
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