TRUWORTHS LIMITED v CHARTER PROPERTIES (PVT) LTD and MHLANGULI MPOFU

HH 160/2013

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Case Details

Court

Harare High Court

Date

22 May 2013

Citation

HH 160/2013

Neutral Citation

[2013] ZWHH 160

Outcome

unknown

Case Type

Application

Bench

Presiding

MATHONSI J

Full Bench

MATHONSI J

Areas of Law

Arbitration LawContract LawProperty Law

Keywords

Setting aside arbitral awardOpen market rentPublic policyNatural justice

Key Issues

{"issue_text":"Whether the arbitral award should be set aside on the grounds that it conflicts with the public policy of Zimbabwe.","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator's reliance on POSB rent and the alleged unreasonableness of the award."}
{"issue_text":"Whether the arbitrator breached the rules of natural justice by not treating parties equally.","issue_type":"law","dispositive":"yes","related_facts":"The applicant's claim that the arbitrator ignored their evidence."}
{"issue_text":"Whether the arbitrator failed to give reasons for the award as required by Article 31(2) of the Model Law.","issue_type":"law","dispositive":"yes","related_facts":"The applicant's submission that no reasons were given."}

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Facts of the Case

Background

The applicant and 1st respondent entered into a lease agreement which contained an arbitration clause for rent disputes. An arbitrator was appointed to determine fair rent for the period July to December 2011. The arbitrator set the rent at $19.40 per square metre, relying on comparable evidence, particularly the rent achieved by POSB in the same building. The applicant applied to set aside the award, alleging it was against public policy and breached natural justice.

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