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TEL-ONE (PVT) LTD v CAPITOL INSURANCE BROKERS (PVT) LTD 2016 (1) ZLR 169 (H)

2016 (1) ZLR p169

Citation

2016 (1) ZLR 169 (H)

Case No

Judgment No. HH-26-16

Court

High Court, Harare

Judge

Charewa J

Heard

26 October 2015; 1 December 2015

Judgment

13 January 2016

Counsel

T Zhuwarara, for the plaintiff
ET Matinenga, for the defendant

Case Type

Civil trial

Annotations

Flynote

Practice and procedure – exception – time to raise – after plea – whether competent to raise thereafter.

Arbitration – agreement to refer dispute to – contract not signed by parties – evidence of exchange of draft contracts – drafts containing arbitration clause – whether constitutes agreement to refer matter to arbitration.

Insurance – insurance broker – duty of – liability for insurer's unwillingness to assume insurance risk.

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