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Supreme Court

ZESA HOLDINGS (PRIVATE) LIMITED v CLOVEGATE ELEVATOR COMPANY (PRIVATE) LIMITED & ANOTHER

Judgment No. SC 69/23

Case Details

Court
Supreme Court
Date
14 July 2023
Citation
Judgment No. SC 69/23
Neutral Citation
[2023] ZWSC 69
Judgment No.
SC 69/23
Outcome
unknown
Case Type
Appeal

Bench

Presiding
KUDYA JA
Full Bench
KUDYA JAMATHONSI JAMWAYERA JA
Areas of Law
Arbitration LawCivil ProcedureContract Law
Keywords
Arbitral AwardSpecific PerformanceQuantification of DamagesFinality in Litigation
Tags
ArbitrationPublic PolicyFunctus OfficioJurisdiction
legislation
Statutes Cited
  • Arbitration Act
  • Arbitration Act
  • Arbitration Act
  • Arbitration Act
  • Arbitration Act
  • Interpretation Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court a quo was correct in holding that the reopening by the arbitrator of completed arbitral proceedings was not contrary to the public policy of Zimbabwe.","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator's interim award on jurisdiction dated 2 December 2020."}
  • {"issue_text":"Whether the court a quo was correct in splitting the interim award into an interim award on jurisdiction and an interlocutory procedural direction.","issue_type":"law","dispositive":"no","related_facts":"High Court's characterization of the arbitrator's decision."}
  • {"issue_text":"Whether the court a quo ought to have confirmed rather than discharged the provisional order.","issue_type":"law","dispositive":"no","related_facts":"Provisional order granted in a separate urgent chamber application."}
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background
Facts of the Case

Background

The parties entered into a contract for the supply and maintenance of elevators. The first respondent failed to complete the work on time, leading the appellant to cancel the contract. The arbitrator found the cancellation unlawful and ordered specific performance. The appellant did not comply, leading the first respondent to seek quantification of damages from the arbitrator. The arbitrator found he had jurisdiction to quantify damages, which the appellant challenged as being contrary to public policy because the arbitrator was functus officio.
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