Quarrying Enterprises (Private) Limited v Stonezim (Private) Limited and Addington Bexley Chinake (N.O)

HH 37-22

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Case Details

Court

Harare High Court

Date

20 January 2022

Citation

HH 37-22

Neutral Citation

[2022] ZWHH 37

Outcome

unknown

Case Type

Application

Bench

Presiding

MUCHAWA J

Full Bench

MUCHAWA J

Areas of Law

Commercial LawArbitration LawContract Law

Keywords

arbitral award registrationtribute agreementbreach of contractcancellationpublic policy

Key Issues

{"issue_text":"Whether the applicant's supplementary heads of argument should be admitted","issue_type":"procedural","dispositive":"no","related_facts":"Filed day before hearing"}
{"issue_text":"Whether the applicant is challenging the wrong (superseded) award","issue_type":"procedural","dispositive":"yes","related_facts":"November award corrected by consent to December award"}
{"issue_text":"Whether the arbitral award should be registered","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant opposes registration on public policy grounds"}
{"issue_text":"Whether the award violates public policy","issue_type":"law","dispositive":"yes","related_facts":"Applicant argues arbitrator rewrote contract"}

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background

Facts of the Case

Background

The parties entered into a tribute agreement for granite mining with monthly royalty payments. Disputes arose over royalty payments adjusted for inflation, leading to arbitration. The arbitrator found material breach by Quarrying Enterprises, cancelled the agreement, and ordered payment and eviction. Quarrying sought to set aside the award while Stonezim sought registration.

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