MATANDE & ANOR v TRUSTEES, TATENDA SHERENJE MUTIZWA FAMILIY TRUST 2019 (2) ZLR 432 (H)
Citation | 2019 (2) ZLR 432 (H) |
Case No | Judgment No. S-50-19 |
Court | Supreme Court, Harare |
Judge | Gwaunza JA, Guvava JA & Bhunu JA |
Heard | 8 February 2018 |
Judgment | 10 June 2019 |
Counsel | T Zhuwarara, for the appellants |
Case Type | Civil appeal |
Annotations |
Flynote
Arbitration – arbitrator – powers – penalty provision in contract – arbitrator's right to deal with matter in terms of Contractual Penalties Act
Contract – penalty clause – what is – clause providing for forfeiture of moneys already paid, in event of breach of contract – such forfeiture described as rouwkoop or pre-estimated damages – appellation given to penalty clause irrelevant – such clause subject to Contractual Penalties Act – reduction of penalty – when appropriate
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