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Harare High Court

Zimbabwe Revenue Authority v Mike Harris Toyota (Pvt) Ltd and Kevin Terry (NO)

HH614/23

Case Details

Court
Harare High Court
Date
13 November 2023
Citation
HH614/23
Neutral Citation
[2023] ZWHH 614
Outcome
unknown
Case Type
Application

Bench

Presiding
Chirawu-Mugomba J
Full Bench
Chirawu-Mugomba J
Areas of Law
Arbitration LawContract LawCommercial Law
Keywords
arbitral awardpublic policysetting asidecontract cancellationbreach of contract
Tags
ArbitrationSetting Aside AwardPublic PolicyContract Law
legislation
Statutes Cited
  • Arbitration Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the arbitral award conflicts with public policy of Zimbabwe under Article 34(2)(b)(ii) of the Arbitration Act.","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator's dismissal of applicant's claims for cancellation and reimbursement."}
  • {"issue_text":"Whether the arbitrator attempted to rewrite the contract for the parties.","issue_type":"law","dispositive":"no","related_facts":"Applicant's contention that award is contrary to contract terms."}
  • {"issue_text":"Whether the arbitrator failed to consider submissions and determine on breach of contract.","issue_type":"law","dispositive":"no","related_facts":"Applicant's contention that arbitrator failed to address breach."}
  • {"issue_text":"Whether the arbitrator's reasoning was grossly outrageous in failing to award anything to the applicant.","issue_type":"law","dispositive":"no","related_facts":"Applicant's contention regarding the arbitrator's treatment of payment evidence."}
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background
Facts of the Case

Background

The applicant (ZIMRA) entered into a contract with the first respondent for the supply of motor vehicles. After partial delivery and payment, the applicant terminated the contract and sought reimbursement. The second respondent (arbitrator) found the contract was not validly cancelled and dismissed the applicant's claims. The applicant now seeks to set aside the arbitral award on public policy grounds.
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