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Supreme Court
Motsamai (Private) Limited t/a Tuli Limpopo v Gwanda Rural District Council & 2 Ors
[2020] ZWSC 131
Case Details
Court
Supreme Court
Date
12 October 2020
Citation
[2020] ZWSC 131
Judgment No.
SC 131/20
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MAKONI JA
Full Bench
GARWE JAHLATSHWAYO JAMAKONI JA
Areas of Law
Arbitration LawCommercial LawInterdicts
Keywords
interim interdictarbitrationModel Lawjoint venturehunting permits
Tags
arbitrationinterim interdictjoint venture agreementhunting activities
legislation
Statutes Cited
- Arbitration Act
- Supreme Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appeal is competent given Article 9(4) of the Model Law prohibits appeals against interim measures","issue_type":"procedural","dispositive":"yes","related_facts":"High Court granted interim interdict under Article 9; Article 9(4) states such decisions not subject to appeal"}
- {"issue_text":"Whether the Supreme Court can review irregularities in High Court proceedings under section 25 of the Supreme Court Act","issue_type":"procedural","dispositive":"yes","related_facts":"High Court failed to determine preliminary issues; Supreme Court has review jurisdiction under s 25"}
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background
Facts of the Case
Background
The appellant and first respondent entered into a joint venture agreement for ecotourism development. After alleged breaches, the first respondent terminated the agreement and sought an interim interdict to stop hunting activities pending arbitration. The High Court granted the interdict under Article 9 of the UNCITRAL Model Law.
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