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GROUPAIR (PVT) LTD v CAFCA LTD & ANOR 2019 (3) ZLR 614 (S)

2019 (3) ZLR p614

Citation

2019 (3) ZLR 614 (S)

Case No

Judgment No. S-74-19

Court

Supreme Court, Harare

Judge

Gowora JA, Bhunu JA & Makoni JA

Heard

1 June 2018

Judgment

20 September 2019

Counsel

T Zhuwarara, for the appellant
D Ochieng, for the respondent

Case Type

Civil appeal

Annotations

Flynote

Arbitration – award – setting aside of – award contrary to public policy – whether negligence of party can be basis for setting aside award – whether vis major or act of state by third party can lead to supervening impossibility to perform contractual duties

Contract – impossibility of performance – vis major or act of State – onus of establishing – when defence may apply – not applicable in event of temporary impossibility

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