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Dispute Resolution re: Commercial Arbitration iro Approach, Proceedings, Registration and Execution of Arbitral Awards

HH328-13 : NORTHERN FARMING [PVT] LTD vs VEGRA MERCHANTS [PVT] LTD t/a VEGRA COMMODITIES and CHENA MILLERS (PVT) LTD
Ruled By: MAFUSIRE J

On 24 July 2013, I granted the following interim relief in favour of the applicant: “That pending determination of the dispute between the applicant and the 1st respondent by the arbitrator, the applicant is granted the following relief: 1. The 1st respondent be and is hereby interdicted from using, selling, transferring, disposing or dealing in any other ...
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HH336-13 : WEI WEI PROPERTIES (PVT) LIMITED vs S &T EXPORT AND IMPORT (PVT) LIMITED
Ruled By: MATHONSI J

This is an application for the registration of an arbitral award made by RETIRED JUSTICE SMITH on 31 May 2012 in terms of which he confirmed as valid, the termination of a lease agreement between the parties, directed the respondent to vacate the leased premises, namely 1st and 2nd Mezzenine Floors Century House West, ...
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HH336-13 : WEI WEI PROPERTIES (PVT) LIMITED vs S &T EXPORT AND IMPORT (PVT) LIMITED
Ruled By: MATHONSI J

The applicant is the owner of the premises which it leased to the respondent by lease agreement signed on 6 July 2010. The said agreement was due to expire on 31 December 2012. In terms of Clause 1 of the lease agreement; “1. DURATION 1.1. Notwithstanding the date of signature here of this agreement shall ...
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Appealed
HH158-11 : TRUSTCO MOBILE (PTY) LIMITED and TRUSTCO GROUP INTERNATIONAL (PTY) LIMITED vs ECONET WIRELESS (PRIVATE) LIMITED and FIRST MUTUAL LIFE ASSURANCE COMPANY (PRIVATE) LIMITED
Ruled By: MUTEMA J

DEFECT OF THE DRAFT ORDER IN THAT THE INTERIM RELIEF SOUGHT IS SUBSTNTIALLY THE SAME AS THE FINAL ONE The argument advanced in this connection is that paragraphs 1 and 2 of the interim relief sought when compared with paragraph 1 of the final order sought amount to the same relief. The danger here, ...
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HH191-14 : OLD MUTUAL INVESTMENT GROUP vs M AND S DRIVING SCHOOL and MARKO CHINGOMA
Ruled By: MAKONI J

The applicant applied, under case numbers HC1010/12, HC4009/12 and HC4008/12, for the registration of arbitral awards, in terms of Article 35 of the United Nations Commission of International Trade Law (UNICTRAL) Model Law (Schedule to Arbitration Act [Chapter 7:15]), against the respondents. The respondents, in turn, and in case numbers HC5351/12, 5418/12, 5549/12 and 5350/12, applied for ...
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SC55-17 : OK ZIMBABWE LIMITED vs ARDMBARE PROPERTIES (PRIVATE) LIMITED and DANIEL TIVADAR N.O.
Ruled By: GWAUNZA JA, PATEL JA and MAVANGIRA JA

This matter revolves around the not uncommon but alliterative conundrum of products purveyed by their producer from peregrine premises. In particular, it concerns an arbitral award, rendered by the second respondent on 2 March 2015, ordering the appellant to pay turnover rent in the sum of $76,481= to the first respondent, in respect of ...
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HH250-18 : WIDE FREE (PVT) LTD t/a CORE SOLUTIONS vs MEIKLES LTD
Ruled By: MUREMBA J

This is an application for registration of an arbitral award as an order of this court for purposes of enforcement in terms of Article 35(1) of the Arbitration Act [Chapter 7:15]. The arbitral award was obtained following the referral of a commercial dispute between the parties for arbitration. The award orders the respondent to pay the applicant ...
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HH103-15 : RICHARD MATTHEWS vs THE HONOURABLE MR JUSTICE A. EBRAHIM and UMESHKUMAR DWARKADAS KOTECHA and DHIRUBHAI MAGANLAL DESAI
Ruled By: ZHOU J

The arbitrator also ordered that the parties should agree on the quantum of losses within thirty days of the award being rendered. In the event that they failed to reach agreement, as directed, the issue of the quantum was to be referred for determination by a Chartered Accountant to be appointed by the President of ...
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HB160-16 : VICTORIA FALLS MUNICIPALITY vs S. C MUTARE N.O and DICKSON MUKOMBWE AND 16 OTHERS
Ruled By: MATHONSI J

An arbitrator ordinarily does not give default judgment and would therefore be unable to rescind his or her own judgment.
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Appealed
SC08-19 : AUGUR INVESTMENTS OU vs FAIRCLOT INVESTMENTS (PVT) LTD t/a T & C CONSTRUCTION and D.L. CRUTTENDEN
Ruled By: GWAUNZA JA, MAVANGIRA JA and BHUNU JA

It is accepted that an arbitrator, unlike a court of law, is not allowed to venture outside their terms of reference when making a determination, as highlighted as follows by FOURIE J, in Bidoli v Bidoli [2010] ZAWCHC 39...,: “An arbitrator, unlike a court, has no inherent power to decide issues or make orders that go beyond the issues ...
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HH43-09 : ZIMBABWE OPEN UNIVERSITY vs DR. O MAZOMBWE
Ruled By: HLATSHWAYO J

The applicant seeks an order setting aside the registration of an arbitral award granted in favour of the respondent. The award was submitted for registration at the High Court in terms of the provisions of the Labour Act [Chapter 28:01] and was duly registered on 25 February 2008. The applicant submits that the registration of the award ...
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HH169-09 : GRAMARA (PRIVATE) LIMITED and COLIN CLOETE vs GOVERNMENT OF THE REPUBLIC OF ZIMBABWE and ATTORNEY-GENERAL OF ZIMBABWE and NORMAN KAPANGA (INTERVENER)
Ruled By: PATEL J

What constitutes public policy in any given country is a matter that eludes precise definition.The notion is clearly not immutable and must perforce vary with time, place, and circumstance, in tandem with changing social mores. Antecedent case authorities are obviously highly persuasive but may not always be germane or decisive.
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HH562-14 : WORLD EDUCATION vs PHANUEL KAPFUDZARUWA
Ruled By: TSANGA J

There is..., authority that suggests that once an arbitration order is registered with the High Court, it is an order of this court, and that, as such, this court has power to grant a stay if so approached: see University of Zimbabwe v Jirira Others SC360-12.As ZIYAMBI JA ...
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HH18-12 : PIONEER TRANSPORT (PVT) LTD vs DELTA CORPORATION LTD and DAVID LESLIE CRUTTEDEN
Ruled By: GOWORA J

On 1 January 2003, the applicant and the first respondent executed an agreement for the “supply of primary beverage transport services.”In terms of clause 8 of the agreement, the first respondent, Delta, appointed the services of the applicant, Pioneer, to distribute and deliver products on its behalf to various destinations.In ...
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HH55-09 : EBI ZIMBABWE (PVT) LTD vs OLD MUTUAL UNIT TRUSTS (PVT) LTD and ADVOCATE J.C.J. LEWIS
Ruled By: PATEL J

In May 2004, the applicant and the first respondent entered into a software licensing agreement. Following a dispute that arose between the parties in January 2006, the matter was referred to an arbitrator (the second respondent) for arbitration.On the 23rd of June 2008, the applicant challenged the impartiality of the ...
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SC20-22 : NATIONAL SOCIAL SECURITY AUTHORITY vs HOUSING COOPERATION ZIMBABWE (PVT) LTD and PETER CARNEGIE LLOYD N.O.
Ruled By: MAVANGIRA JA, UCHENA JA and CHATUKUTA JA

After hearing the parties on 13 September 2021, we gave our judgment on the matter extempore. Our written reasons for judgment have now been requested by the respondent's legal practitioners. Hereunder appears the judgment that was handed down ex tempore on 13 September 2021.This is the unanimous decision of this ...
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SC22-21 : STONEWELL SEARCHES (PVT) LTD vs STONE HOLDINGS (PVT) LTD and MUTOKO CONSORTIUM and MOSES CHINHENGO N.O.
Ruled By: GUVAVA JA, UCHENA JA and MAKONI JA

This is an appeal against the decision of the High Court upholding an arbitral award handed down by the third respondent on 10 July 2018 in terms of which the appellant's claim was dismissed for want of prosecution and the first respondent's counter claim was granted.BACKGROUND FACTSPrior to January 2006, ...
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SC50-21 : A. ADAM AND COMPANY (PVT) LTD and SGI PROPERTIES (PVT) LTD and HONOURABLE RETIRED JUSTICE SMITH vs GOOD LIVING REAL ESTATE (PVT) LTD
Ruled By: GWAUNZA DCJ, BHUNU JA and MAKONI JA

This is an appeal against the whole judgment of the High Court setting aside an arbitral award granted in favour of the appellants on the basis that it was contrary to public policy as it was made in defiance of an extant court order.THE BACKGROUNDOn 10 January 2010, the first ...
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HH28-16 : FARPIN INVESTMENTS [PVT] LTD vs NETONE CELLULAR [PVT] LTD and JUSTICE L.G. SMITH [RETD] - ARBITRATOR
Ruled By: MAFUSIRE J

This was an application for the setting aside of an arbitration award.The arbitrator, the second responded herein, was a retired Judge of this court.The basis of the application was that the arbitrator had misconstrued the factual basis of the applicant's claim before him. It was also said, that, the arbitrator's ...
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