VICEMAST SERVICES (PVT) LTD v PICKGLOW TRADING (PVT) LTD t/a GLOW PETROLEUM

HH 574-22

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Case Details

Court

Harare High Court

Date

31 August 2022

Citation

HH 574-22

Neutral Citation

[2022] ZWHH 574

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKOMO J

Full Bench

MAKOMO J

Areas of Law

Arbitration LawContract LawCivil Procedure

Keywords

arbitral awardpublic policylease agreementregistrationenforcement

Key Issues

{"issue_text":"Whether the arbitral award should be registered as an order of the court","issue_type":"procedural","dispositive":"yes","related_facts":"Application for registration, opposition based on public policy"}
{"issue_text":"Whether the arbitrator's findings on lease dates were against public policy","issue_type":"law","dispositive":"yes","related_facts":"Lease commencement date, termination date, entirety clause"}
{"issue_text":"Whether the arbitrator's refusal to exercise jurisdiction over the counter-claim was against public policy","issue_type":"law","dispositive":"yes","related_facts":"Counter-claim for compensation, Clause 17:3 of agreement"}

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background

Facts of the Case

Background

The applicant sought registration of an arbitral award in its favour regarding a lease agreement for a service station. The respondent opposed, arguing the arbitrator erred on the commencement date of the lease and declined jurisdiction over a counter-claim, making the award against public policy.

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