Zimbabwe Schools Examination Council v Moses H Chinhengo (Former Judge) N.O and Tarch Print Zimbabwe (Pvt) Ltd

HH 160-18

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Case Details

Court

Harare High Court

Date

28 March 2018

Citation

HH 160-18

Neutral Citation

[2018] ZWHH 160

Outcome

unknown

Case Type

Application

Bench

Presiding

Matanda-Moyo J

Full Bench

Matanda-Moyo J

Areas of Law

Arbitration LawContract LawCivil Procedure

Keywords

Setting aside arbitral awardPublic policyFreedom of contractScope of arbitrationArbitration Act

Key Issues

{"issue_text":"Whether the notice of opposition should be struck off for non-compliance with Rule 227(2)(d)","issue_type":"procedural","dispositive":"no","related_facts":"Respondent's opposition papers comprised 10 pages without an index"}
{"issue_text":"Whether the arbitrator exceeded the scope of submission by re-interpreting clause 4.2.6","issue_type":"law","dispositive":"yes","related_facts":"Parties had agreed on interpretation of clause 4.2.6"}
{"issue_text":"Whether the award is contrary to public policy","issue_type":"law","dispositive":"yes","related_facts":"Arbitrator awarded damages despite finding claimant failed to prove claim"}

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Facts of the Case

Background

The applicant sought to set aside part of an arbitral award that ordered it to pay $18,129.80 for additional costs incurred due to delays in supplying materials for binding examination result slips. The applicant argued the award was contrary to public policy and exceeded the arbitrator's mandate by re-interpreting a contract clause the parties had already agreed upon.

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