Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Appeal re: Limitation to the Right of Appeal iro Procedural, Statutory, Contractual Limitations & Doctrine of Peremption

HH55-09 : EBI ZIMBABWE (PVT) LTD vs OLD MUTUAL UNIT TRUSTS (PVT) LTD and ADVOCATE J.C.J. LEWIS
Ruled By: PATEL J

Article 12 of the Model Law, First Schedule to the Arbitration Act [Chapter 7:15], provides as follows:“(1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An ...
More

HH59-09 : TRUST CORPORATION SECURITIES (PRIVATE) LIMITED vs L.M. GABILO and DEVORGILLE KATSANZA
Ruled By: UCHENA J

Article 13 of the Arbitration Act [Chapter 7:15] provides as follows:“(1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of para (3) of this article.(2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen days after ...
More

HH58-12 : ASHANTI GOLDFIELDS ZIMBABWE LIMITED t/a FREDA REBECCA MINE vs JOACHIM C NGUWO
Ruled By: MUTEMA J

On 29 March 2011 I dismissed, unconditionally, an application for summary judgment by the applicant.On 4 May 2011, I dismissed a chamber application for leave to appeal to the Supreme Court against the order dismissing the application for summary judgment. The application for the leave to appeal had been made ...
More

HH35-08 : BRETT LEONADES PISSAS vs HELEN LOUISE PISSAS
Ruled By: GOWORA J

In terms of section 43 the High Court Act [Chapter 7:06] appeals from the court are provided for as follows:“1. Subject to this section, an appeal in any civil case shall lie to the Supreme Court from any judgment of the High Court, whether in the exercise of its original ...
More

HH27-08 : EDSON NYAMAPFENI vs CONSTITUENCY REGISTRAR MBERENGWA EAST and ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE and DOUGLAS MOMBESHORA and CLEVER KUGOTI
Ruled By: UCHENA J

Section 46(19)(c) of the Electoral Act [Chapter 2:13]..., provides as follows -“If no appeal, in terms of paragraph (b), is lodged within four days after the receipt of notice of the decision of the nomination officer, the right of appeal of the candidate shall lapse and the decision of the ...
More

HH37-08 : MOVEMENT FOR DEMOCRATIC CHANGE and MORGAN TSVANGIRAI vs CHAIRPERSON, ZIMBABWE ELECTORAL COMMISSION and CHIEF ELECTIONS OFFICER, ZIMBABWE ELECTORAL COMMISSION
Ruled By: UCHENA J

Subsection (7) of section 67A of the Electoral Act [Chapter 2:13] provides as follows:“(7) The Commission's decision on whether or not to order a recount, and, if it orders one, the extent of the recount, shall not be subject to appeal.”The fact that the Zimbabwe Electoral Commission's decision to recount, ...
More

SC23-14 : THE ATTORNEY GENERAL vs ALEC MUCHADEHAMA and CONSTANCE GAMBARA
Ruled By: MALABA DCJ

This matter was placed before me in chambers as an application for condonation and extension of time within which to appeal from a decision of a judge of the High Court. The decision refused leave to appeal to that court from a decision of a magistrate discharging the respondents of a criminal charge at ...