This is the unanimous judgment of this Court.This is an appeal against the judgement of the High Court handed down on 20 July 2023 dismissing the appellant's application to set aside an arbitral award and registering that award.On 2 October 2023, the respondent filed a notice of objection in terms ...
This is the unanimous judgment of this Court.
This is an appeal against the judgement of the High Court handed down on 20 July 2023 dismissing the appellant's application to set aside an arbitral award and registering that award.
On 2 October 2023, the respondent filed a notice of objection in terms of Rule 51 of the Supreme Court Rules 2018, that, the appellant's founding affidavit filed in support of the application seeking to set aside the arbitral award in the court a quo was defective in that it was undated. The respondent submitted, that, for that reason, there was no valid application before the court a quo.
The respondent urged the court to dismiss the appeal with costs on that basis....,.
Even though the issue was not argued a quo, it could be raised for the first time on appeal as it is a point of law...,.
Regarding costs, our view is that each party should bear its own costs because the respondent ought to have raised this defect to the application earlier....,.
1. The matter be and is hereby struck off the roll with no order as to costs.
