Arbitration falls in the realm of alternative dispute resolution. In a jurisdiction like Zimbabwe in which the adversarial approach is used, it is often touted as a better alternative than the winner-take-all approach. However, as this matter will show, there is a long line of litigants who as they are entitled to, seek setting aside of awards in terms of Article 34 of the schedule to the Arbitration Act [Chapter 7:15] More
This is an oral application made in chambers at the instance of the plaintiff on the date set down for a pre-trial conference. On 26 February 2013 the parties appeared before me duly represented by their respective legal practitioners of record for the purpose of holding a pre-trial conference. That pre-trial conference was postponed sine die on specific conditions which were explained to all present. In brief the parties were to convene their own conference with a view to settle the matter. If they failed then they would have to set out those matters which would have been agreed and... More
The applicant and the first respondent are allegedly siblings born to the late Timothy Chirimba, though applicant disputes that first respondent is indeed his father’s son. At the centre of the dispute is an immovable property, stand number 8577 Kuwadzana phase 3 (hereinafter called the property). It is common cause that Timothy Chirimba who died on 22 January 2005 was father to applicant, Letwin Chirimba and Joyce Chirimba. The first respondent claims that he was also a son to the late Timothy Chirimba but this is disputed by applicant. During his lifetime the late Timothy Chirimba was a cooperative member... More
This is an application for absolution from the instance brought in terms of Order 11 Rule 79 (2) of the High Court Rules 1971 on the premise that the plaintiff has failed to prove a prima facie case More
