Quarrying Enterprises (Private) Limited v Stonezim (Private) Limited and 2 Ors

HH 304-23

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Case Details

Court

Harare High Court

Date

17 May 2023

Citation

HH 304-23

Neutral Citation

[2023] ZWHH 304

Outcome

unknown

Case Type

Application

Bench

Presiding

Deme J

Full Bench

Deme J

Areas of Law

Civil ProcedureArbitrationCommercial Law

Keywords

writ of executionarbitral awardholding over damagesinflation adjustmentCentral Statistics Office

Key Issues

{"issue_text":"Whether the writ of execution was irregular for failing to precisely state the sum sought to be recovered and including extrinsic evidence","issue_type":"procedural","dispositive":"yes","related_facts":"Writ included inflation calculations not in original order; parties disagreed on amount; no certified inflation data provided"}
{"issue_text":"Whether the provisional order staying execution should be confirmed","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant sought confirmation of March 2022 provisional order"}

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Facts of the Case

Background

The applicant sought confirmation of a provisional order staying execution and setting aside a writ of execution issued to enforce an arbitral award. The dispute centered on the validity of the writ which included inflation-adjusted calculations not specified in the original court order, with parties disagreeing on the exact amount owed.

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