Zimbabwe Nantong International (Private) Limited v (1) FBC Holdings Limited (2) Gideon Mukorombindo N.O

SC 84/25

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Case Details

Court

Supreme Court

Date

28 February 2025

Citation

SC 84/25

Neutral Citation

[2025] ZWSC 84

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MWAYERA JA

Full Bench

MAVANGIRA JAKUDYA JAMWAYERA JA

Areas of Law

Arbitration LawContract LawCivil Procedure

Keywords

Arbitral AwardSetting AsidePublic PolicyConstruction ContractPayment in USD vs ZWL

Key Issues

{"issue_text":"Whether the court a quo dealt with all the issues before it.","issue_type":"procedural","dispositive":"no","related_facts":"Appellant's counsel argued the court a quo did not determine the issue of damages computation."}
{"issue_text":"Whether the court a quo erred in setting aside the arbitral award.","issue_type":"law","dispositive":"yes","related_facts":"The High Court set aside the award on grounds of public policy conflict."}

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Facts of the Case

Background

The appellant and first respondent entered into a construction contract for the first respondent's head office. A dispute arose regarding payment terms (USD vs ZWL at RBZ auction rate) and the appellant's failure to commence construction. The arbitrator found in favor of the appellant, awarding damages in USD. The High Court set aside the award, finding it contrary to public policy. The Supreme Court dismissed the appeal, upholding the High Court's decision.

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