Africa-Press – Zimbabwe. THE High Court has ordered Curechem Overseas to refund US$552 281 it received from Fidelity Gold Refinery in a deal to supply small-scale miners with gold chemicals.
Curechem received US$1 551 045 and only supplied chemicals valued at US$954 243,79, resulting in Fidelity approaching the courts.
In the application before Justice Gladys Mhuri, Fidelity cited Curechem as respondent.
According to court papers, Fidelity and Curechem entered into a one-year mining inputs supply agreement on January 5, 2020.
Under the agreement, Fidelity agreed to prepay for the procurement of an assortment of chemicals and other products which are used in the mining and processing of gold ore.
Fidelity paid Curechem US$1 551 045 for the procurement of the chemicals for disbursement to small-scale miners identified by the former.
The court heard that between January 6, 2020 and May 27 of the same year, chemicals worth US$954 243,79 were drawn down by small-scale miners.
Chemicals valued in the sum of US$596 801,21 remained unutilised and in the possession of Curechem.
After expiry of the agreement on January 6, 2021, a dispute over the chemicals that remained unutilised and in the possession of Curechem ensued.
The matter was adjudicated by advocate Tawanda Nyamakura, in terms of the arbitration clause.
The arbitrator issued an award in favour of Fidelity ordering Curechem Overseas to pay to Fidelity Gold Refinery US$ 552 281,91
Curechem, however, appealed against the ruling.
The chemicals company argued that it made two payments in local currency to Fidelity, but the latter demanded payment in United States dollars.
Justice Mhuri said it was common cause that Nyamakura was a competent arbitrator who discharged his duties in handling the award.
“It is my considered view that the award was made after the arbitrator had made factual findings considering the evidence placed before him. Hence the court respects these findings,” the judge ruled.
“An arbitral award is binding in nature and the courts are loathe to interfere with awards.
“From the foregoing, it is apparent that respondent (Curechem) failed to establish that the award is contrary to public policy, which may halt its registration.
“In the result, it is ordered that the application for the registration of the arbitral award dated May 28, 2024 in favour of the applicant be and is hereby granted.
“Respondent pays the applicant US$552 281,91.”
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