RIOZIM LIMITED & R M ENTERPRISES (PRIVATE) LIMITED v MARANATHA FERROCHROME (PRIVATE) LIMITED & JUSTICE NOVEMBER TAFUMA MTSHIYA N.O

SC 06/25

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Case Details

Court

Supreme Court

Date

27 January 2025

Citation

SC 06/25

Neutral Citation

[2025] ZWSC 6

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gwaunza DCJ

Author

Chitakunye JA

Full Bench

Gwaunza DCJMathonsi JAChitakunye JA

Areas of Law

Arbitration LawContract LawPrescription Law

Keywords

Arbitral AwardSetting AsidePublic PolicyMoraPrescriptionShareholders Agreement

Key Issues

{"issue_text":"Whether the court a quo properly dealt with all the issues placed before it.","issue_type":"procedural","dispositive":"yes","related_facts":"Appellants’ failure to plead the issue of prescription of mora; timing of email raising Brooker case"}
{"issue_text":"Whether the court a quo erred in holding that the arbitrator’s decision was not contrary to public policy.","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator’s reasoning on mora and prescription; lack of evidence led by appellants"}

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background

Facts of the Case

Background

The appellants entered into a Shareholders Agreement with the first respondent in 2010, which required the transfer of mining claims and shares. The first respondent alleged breach and initiated arbitration in 2018 after sending a demand letter. The arbitrator dismissed the appellants’ special plea of prescription, holding that the cause of action arose in 2018 when the demand was made. The High Court upheld the award, and the Supreme Court dismissed the appeal.

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