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Harare High Court
TRIBACK (PRIVATE) LIMITED v STEPHEN ARCHIEFORD TARUONA and SHARON TARUONA
HH 98-22
Case Details
Court
Harare High Court
Date
18 February 2022
Citation
HH 98-22
Neutral Citation
[2022] ZWHH 98
Outcome
unknown
Case Type
Application
Bench
Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Arbitration LawProperty LawCurrency and Banking Law
Keywords
Arbitral award registrationPublic policyCurrency conversionUS dollar vs local currencyCapital Gains Tax
Tags
ArbitrationProperty LawCurrency Law
legislation
Statutes Cited
- Model Law on International Commercial Arbitration
- Model Law on International Commercial Arbitration
- Finance Act (No.2) Act, No.7 of 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondents' opposition is irregular on account of alleged fake signatures","issue_type":"procedural","dispositive":"no","related_facts":"Authenticity of signatures on opposing affidavits"}
- {"issue_text":"Whether registration of the arbitral award in local currency would be contrary to public policy","issue_type":"law","dispositive":"yes","related_facts":"Currency variation from US dollars to local currency"}
- {"issue_text":"Whether the court can alter the currency in which the remainder of US$18,000.00 is to be paid","issue_type":"law","dispositive":"yes","related_facts":"Court being asked to endorse payment in local currency"}
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background
Facts of the Case
Background
The applicant sought registration of an arbitral award requiring the respondents to facilitate transfer of property and obtain Capital Gains Tax clearance. The respondents opposed, arguing the award should be paid in US dollars rather than local currency, and raised public policy concerns. The court found it could not vary the currency of the award and registered it as is.
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