ULTRA RESOURCES (PVT) LTD t/a ULTRA CONSTRUCTION & CIVIL ENGINEERING v PREMIER SERVICES MEDICAL INVESTMENTS (PVT) LTD t/a PSMI

HH 648-25

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Case Details

Court

Harare High Court

Date

20 October 2025

Citation

HH 648-25

Neutral Citation

[2025] ZWHH 648

Outcome

unknown

Case Type

Application

Bench

Presiding

CHILIMBE J

Full Bench

CHILIMBE J

Areas of Law

Arbitration LawContract LawCivil Procedure

Keywords

Special pleaStay of proceedingsArbitration agreementClause 8SLA

Key Issues

{"issue_text":"Whether the court should stay proceedings and refer parties to arbitration in terms of clause 8 of the SLA and section 8 of the Arbitration Act","issue_type":"procedural","dispositive":"yes","related_facts":"Existence of arbitration agreement, admission of indebtedness"}
{"issue_text":"Whether clause 8.1 of the SLA makes arbitration mandatory or optional","issue_type":"law","dispositive":"yes","related_facts":"Text of clause 8.1"}
{"issue_text":"Whether there is a dispute capable of being referred to arbitration","issue_type":"fact","dispositive":"yes","related_facts":"Defendant's admission of indebtedness and contestation of quantum/currency"}

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background

Facts of the Case

Background

Plaintiff issued summons seeking payment of US$1,517,933.09 for construction and maintenance services rendered under a Service Level Contract. Defendant raised a special plea of jurisdiction, contending that the dispute should be referred to arbitration as per clause 8 of the contract. Plaintiff argued that arbitration was optional and that there was no dispute to refer.

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