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Harare High Court

Radchart Investments (Pvt) Ltd v Safeguard Security Services & Another

HH 498-17

Case Details

Court
Harare High Court
Date
31 July 2017
Citation
HH 498-17
Neutral Citation
[2017] ZWHH 498
Outcome
unknown
Case Type
Application

Bench

Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Arbitration LawInsurance LawContract Law
Keywords
Arbitral awardPublic policyInsurance subrogationSecurity contractLimitation of liability
Tags
ArbitrationInsuranceContract LawPublic Policy
legislation
Statutes Cited
  • UNCITRAL Model Law on International Commercial Arbitration (as incorporated in Zimbabwe)
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitral award was in conflict with public policy of Zimbabwe","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator found liability but denied compensation based on insurance breach"}
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background
Facts of the Case

Background

The applicant's shop was burgled on 5-6 July 2015, with goods and money totaling $64,272 stolen. The first respondent provided security services under contract. The applicant had partial insurance coverage and recovered only $7,245. An arbitrator found the security company liable but denied compensation based on the applicant's failure to maintain full insurance coverage as required by the contract.
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