In this urgent application, the applicant, a gold mining concern, seeks a provisional order the interim relief of which is a stay of execution of a default judgement issued by this court, per ZHOU J, on 6 November 2013, pending the determination of a rescission of judgement application which it has filed. More
Article 16 of the United Nations Commission on International Trade Law [UNCITRAL] Model Law, an annexure to our Arbitration Act [Chapter 7:15] [“the Model Law”], paraphrased, and for the moment only picking the bare essentials relevant to this case, empowers an arbitral tribunal to rule on the question of its own jurisdiction. The Article also empowers a party to an arbitration to raise a plea that the arbitral tribunal is exceeding the scope of its authority. The arbitral tribunal may rule on the question of its exceeding the scope of its authority either as a preliminary point or in its... More
The plaintiff issued summons against the defendant out of this court on 17 March 2010 seeking an order confirming the cancellation of the agreement of lease between the parties. It also sought payment of arrear rentals from December 2008 to February 2010 of US$58 021-94 together with interest thereon at the prescribed rate calculated from 1 March 2010 to the date of payment in full, payment of holding over damages of US$7 100-00 per month calculated from 1 March 2010 to the date of the defendant’s ejectment together with interest from the due date to the date of payment, the... More
On 20 October 2010, the plaintiff issued summons out of this court against the two defendants. The plaintiff and the first defendant concluded a lease agreement on 23 March 2009. The second defendant stood as surety and co-principal debtor to plaintiff for the due performance by first defendant of all its obligations arising from the lease agreement. More
The applicant is Mining Industry Pension Fund, a body corporate with juristic status and capable of suing and to be sued. The defendant is Cohen Chipunza, a male adult of Harare. The plaintiff is the owner of a certain immovable property called Stand 17594, Shop No. F09, Angwa City, Harare. The defendant stood as surety and co-principal debtor in solidium in respect of the rental and other obligations required to be satisfied by a company called Future Generations (Pvt) Ltd, in terms of a lease agreement between the plaintiff and the aforesaid company in relation to the plaintiff’s property referred... More
