WEI WEI PROPERTIES (PVT) LIMITED v S &T EXPORT AND IMPORT (PVT) LIMITED

HH336/13

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Case Details

Court

Harare High Court

Date

9 October 2013

Citation

HH336/13

Neutral Citation

[2013] ZWHH 336

Outcome

unknown

Case Type

Application

Bench

Presiding

MATHONSI J

Full Bench

MATHONSI J

Areas of Law

Property LawArbitration LawContract Law

Keywords

Arbitral awardLease terminationRegistration of awardSetting aside awardPublic policy

Key Issues

{"issue_text":"Whether the arbitral award should be registered for enforcement.","issue_type":"procedural","dispositive":"yes","related_facts":"Existence of award, grounds for refusal under Article 36."}
{"issue_text":"Whether the counter application to set aside the award has merit.","issue_type":"procedural","dispositive":"yes","related_facts":"Grounds for setting aside under Article 34, timeliness."}
{"issue_text":"Whether the arbitrator's interpretation of the lease agreement was contrary to public policy.","issue_type":"law","dispositive":"yes","related_facts":"Clause 1.4 of the lease, termination on notice."}
{"issue_text":"Whether the counter application was filed within the statutory time limit.","issue_type":"procedural","dispositive":"yes","related_facts":"Date of award (31 May 2012), date of filing counter application (11 October 2012)."}

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background

Facts of the Case

Background

The applicant, owner of premises, leased them to the respondent for a fixed period ending 31 December 2012. The lease contained a clause allowing termination by either party on three months' notice. The applicant gave notice to terminate, which the respondent contested, leading to arbitration. The arbitrator found the termination valid. The applicant seeks registration of the award, while the respondent opposes and seeks to set aside the award.

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