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Harare High Court

RioGold (Private) Limited v Falcon Gold Zimbabwe Limited and Thembinkosi Magwaliba N.O.

HH 258-21

Case Details

Court
Harare High Court
Date
24 May 2021
Citation
HH 258-21
Neutral Citation
[2021] ZWHH 258
Outcome
unknown
Case Type
Application

Bench

Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Commercial LawArbitration Law
Keywords
arbitral awardpublic policyindemnity clausedisclosure obligationsshare purchase agreement
Tags
arbitrationpublic policyindemnityshare sale agreement
legislation
Statutes Cited
  • Arbitration Act incorporating Model Law
  • Labour Act
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitral award is in conflict with public policy of Zimbabwe","issue_type":"mixed","dispositive":"yes","related_facts":"Arbitrator's findings on disclosure, indemnity interpretation, evidence evaluation"}
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background
Facts of the Case

Background

The applicant sought to set aside an arbitral award rendered by the second respondent arbitrator in a dispute arising from a share sale agreement between RioGold and Falcon Gold regarding Palatial Gold Investments (Private) Limited, which operated Dalny Mine. The applicant claimed indemnity for undisclosed employee liabilities and housing occupation issues, which the arbitrator dismissed.
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