This is an application in terms of Article 34(2) (b)(ii) of the Arbitration Act [Chapter 7:15] [the Act] for the setting aside of part of the arbitral award handed down by the 2nd Respondent (Justice N.T. Mtshiya (Rtd)) on 27 May 2022. The application is founded on the allegation that the arbitral award conflicts with Zimbabwe’s public policy. More
On 8 February 2017 the plaintiff issued summons against the defendant claiming the sum of $20 133.46 arising from the sale of books by the defendant on behalf of the plaintiff, the proceeds of which the defendant failed to remit. The plaintiff also claimed interest on that sum at the prescribed rate plus costs of suit.
The background facts as outlined by the plaintiff are these. Sometime in 2009 the parties entered into an agreement in terms of which the defendant would receive books from the plaintiff and sell them on its behalf for a commission of 30% of the... More
This matter was placed before me as an application for the setting aside of an arbitral award in terms of Article 34 (2)(b)(ii) of the Arbitration Act [Chapter 7:15]. The award was rendered by the 2nd respondent on the 8th of June 2023. The applicant contends that the award conflicts with public policy in three main respects. (1) The award is contrary to the terms of the agreement between the parties which is binding on them and that the second respondent attempted to rewrite the contract for the parties, (2) the second respondent failed to consider submissions by the applicant... More
By order dated 7 November 2018 the Honourable Justice Foroma directed that these three matters be consolidated and be heard by this court or any other judge without delay. Matter HC 7239/18 is a court application for rescission of default judgment granted by PHIRI J in motion court in HC 6220/18 in favour of Mr Washington Mavunga and against Zimbabwe More
On 24 July 2013 the applicant and the 1st respondent appeared before Professor LovemoreMadhuku (the Arbitrator) and consented to the following award:-
“Award
1. That the respondent be and is hereby ordered to do everything reasonably required to ensure that ZINARA’s offer of employment to all “tollgate staff” which will be effective from 1 October 2013 is on terms of permanent employment.
2. That each party pays 50% of the arbitration fees”. More
