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PORTNET HOLDINGS (PVT) LTD v MALISENI 2012 (2) ZLR 168 (H)

2012 (2) ZLR p168

Citation

2012 (2) ZLR 168 (H)

Case No

Judgment No. HH-450-12

Court

High Court, Harare

Judge

Mutema J

Heard

3 September 2012

Judgment

3 September 2012

Counsel

S Kachere, for the applicant
T Marume, for the respondent

Case Type

Opposed application

Annotations

No case annotations to date

Flynote

Arbitration – award – setting aside of – grounds – award contrary to public policy – allowing party to be unjustly enriched from an illegal transaction – when may be contrary to public policy

Arbitration – proceedings – notice of – where notice of proceedings must be sent – notice sent to party's place of business sufficient unless parties had agreed to different method of communication

Contract – illegality – par delictum rule – departure from – relaxation of rule where party would be unjustly enriched at expense of other

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