Back to top
Zalari has raised $2 million USD in a founding round led by Nyamaropa Technologies
Supreme Court

Zimbabwe Manpower Development Fund v (1) MCR Vengesai (2) Agnes Vengesai

SC 97/19

Case Details

Court
Supreme Court
Date
26 November 2019
Citation
SC 97/19
Neutral Citation
[2019] ZWSC 97
Outcome
unknown
Case Type
Appeal

Bench

Presiding
GOWORA JA
Full Bench
GOWORA JAGARWE JAPATEL JA
Areas of Law
Arbitration LawContract LawConstruction Law
Keywords
Arbitral AwardPublic PolicySetting AsideArchitect FeesModel Law
Tags
ArbitrationConstructionProfessional Fees
legislation
Statutes Cited
  • Arbitration Act
  • Arbitration Act
  • Arbitration Act
  • Manpower Planning and Development Act
  • Architects (Conditions of Engagement and Scale of Fees) By-Laws
  • Architects (Conditions of Engagement and Scale of Fees) By-Laws
  • Architects (Conditions of Engagement and Scale of Fees) By-Laws
  • Architects (Conditions of Engagement and Scale of Fees) By-Laws
  • Architects (Conditions of Engagement and Scale of Fees) By-Laws
  • Prescription Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitral award is contrary to the public policy of Zimbabwe.","issue_type":"law","dispositive":"yes","related_facts":"The arbitrator's calculation of fees and dismissal of the counterclaim."}
  • {"issue_text":"Whether the arbitrator erred in dismissing the counterclaim on the basis of prescription.","issue_type":"law","dispositive":"no","related_facts":"The counterclaim for damages and the date the debt arose."}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The appellant (ZIMDEF) and respondents (Vengesayi Architects) had a contract for architectural services. The project was suspended and later resumed. A dispute arose over fees, which was referred to arbitration. The arbitrator awarded the architects USD 476,093.92. The High Court registered the award. The appellant appealed, arguing the award was contrary to public policy.
Read the full judgment, get AI analysis, and find related cases
Open in Zalari →