Court Judgements
Harare High Court Judgements
This is an application for a declaratur, in terms of which the applicant seeks the following order:
1. The application for a declaratur be and hereby succeeds.
2. It be and is hereby declared that the respondent’s claims for payment against the applicant, which claims are based on the architectural designs and works that were carried out and submitted by the respondent to the applicant in the year 2007, arising from, out of and in connection with the agreement that was entered into by and between the applicant and respondent on or about 24 March 2006, have been extinguished by... More
Applicant sought the setting aside of part of the arbitral award in terms of Article 34 of the Arbitration Act [Chapter 7:15]. More
The plaintiff is described in the summons and declaration as a company incorporated in terms of the laws of Zimbabwe. The defendant did not take issue with the description of the plaintiff as a company. A reading of the subsequent filed pleadings clearly show that the plaintiff is a union. As such the plaintiff must be an unincorporated association since the citation does not include the references, “private limited” or “limited” as required in law where a company is involved. The correct reference is important as it informs the court of the plaintiff’s locus standi and legal standing to bring... More
This is an application for the setting aside of an arbitral award in terms of Article 34 of the Model Law (Schedule to the Arbitration Act [Chapter 7.15] which provides in Sub-Article 2 as follows:
“Any arbitral award may be set aside by the High Court only if-
(a) …..
(b) the High court finds, that –
(i) the subject-matter of the dispute is not capable of settlement by arbitration under the law of Zimbabwe, or
(ii) the award is in conflict with the public policy of Zimbabwe.” More
In this application the following relief is sought;-
“It is ordered that:-
1. The award of quantification of damages made by the second respondent on 28 October 2011 be and is hereby set aside.
2. The first respondent pay the costs of suit.” More
