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Harare High Court

Pickwerl Mining (Private) Limited v Chawara Syndicate and Moses Chinhengo N.O.

HH 347-17

Case Details

Court
Harare High Court
Date
7 June 2017
Citation
HH 347-17
Neutral Citation
[2017] ZWHH 347
Outcome
unknown
Case Type
Application

Bench

Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Arbitration lawContract lawConstitutional lawLand law
Keywords
Arbitral awardPublic policyLand acquisitionCriminal enterpriseContract voidGazetted land
Tags
ArbitrationPublic policyLand reformContract illegality
legislation
Statutes Cited
  • Arbitration Act
  • Gazetted Land (Consequential Provisions) Act
  • Constitution of Zimbabwe
  • Land Acquisition Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitral award is contrary to public policy of Zimbabwe","issue_type":"law","dispositive":"yes","related_facts":"Award ordered payment for water rights on acquired land; respondent occupied land unlawfully"}
  • {"issue_text":"Whether the award rewards a criminal enterprise","issue_type":"law","dispositive":"yes","related_facts":"Respondent continued occupying gazetted land without lawful authority"}
  • {"issue_text":"Whether the underlying contract was void for illegality","issue_type":"law","dispositive":"yes","related_facts":"Contract concluded after land acquisition; respondent had no legal rights to land"}
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background
Facts of the Case

Background

Applicant sought to set aside an arbitral award ordering it to pay USD 3 000 monthly to respondent for water rights from a dam built on land acquired by the State in 2001. Respondent continued occupying the land without lawful authority after acquisition.
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