HB 151-18 LOURENS M. BOTHA versus GWANDA RURAL DISTRICT COUNCIL

LOURENS M. BOTHA

versus

GWANDA RURAL DISTRICT COUNCIL

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

BULAWAYO 16 MAY 2018 AND 14 JUNE 2018

 

 

Opposed Application

 

 

K I Phulufor the applicant

L Nkomo for the respondent

 

 

            MATHONSI J:          This is an application for registration of arbitral award in terms of Article 35 of the Model Law in the Arbitration Act [Chapter 7:15].  The arbitral award was issued by Promise Ncube, an arbitrator appointed by the parties, on 13 December 2017.  It directs the respondent to pay to the applicant the sum of $5 507 980-00 compensation due and payable in terms of clause 3 of the parties’ joint venture agreement entered into on 17 December 2007.  The award itself is final and binding on the parties.

            The brief background is that in terms of a joint venture agreement the parties agreed that the applicant would effect infrastructural improvements on a farm belonging to the respondent called Doddieburn Ranch in Gwanda District Matabeleland South and operate an Eco-Tourism project at the farm in question through his flagship business known as Shashi-Zambezi t/a Doddieburn Holdings.  In terms of Clause 2 of the agreement the lease was valid for 25 years with a first option to renew for another term.  In terms of clause 3;

            “3.       TERMINATION AND COMPENSATION

In the event of termination of the agreement, all the infrastructure shall become property of council.  The operator shall be compensated for all improvements associated with the joint venture including buildings, movables, the animals and all stock in grades.”

 

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