This is an application for the urgent stay of arbitral award which was issued in favor of the 1st Respondent and registered with the High Court followed by attempted execution by the 2nd Respondent.
Facts of the case are that the 1st Respondent hereinafter referred to as the employee found himself before arbitration on a claim which he had against the Applicant hereinafter referred to as the employer. The Arbitrator made an order in favour of the employee. Armed with that order, the employee registered the same with the High Court. After the registration of the award, execution of the... More
At the conclusion of the hearing, the Court dismissed the application stating that reasons would follow. These are they:-
This matter has endured so many quick and false starts in its litigation career. Applicant and Respondent found themselves before an Arbitrator after the conciliation process failed. The Arbitrator found in favour of Respondent and awarded him USD 103 203.38 and ZWD 15 818 201 352.75 as arrear commission. Respondent thereafter lodged an application with the High Court for registration of the award. This was granted. Apparently Applicant did not attend those proceedings despite proper service. Applicant thereafter approached this Court... More
Applicant applied to this Court for the reinstatement of a abandoned matter i.e. LC/H/LRA/826/18. At the onset of oral argument 2nd Respondent raised a 2 points in limine which Applicant opposed. More
In the present matter an appeal and a review application were noted on 26th June 2012. On 17th December 2012 a notice of response was issued by the Registrar. Thereafter nothing seems to have happened from the applicant/appellant’s side. The applicant/appellant did not file the requisite Heads of Argument. On 9th September 2013 the 1st respondent made an application for the dismissal of the appeal in terms of Rule 19(3). The respondent was entitled to do so. Rule 19(3) provides;
“(3) Where heads of argument that are required to be lodged in terms of sub rule (1) or (2) are... More
This is an appeal against an arbitral award by Honourable B Mapisaunga
handed down on the 24th day of June 2012.
The background to this matter is that Appellants Moses Rushwaya, Biggie Mupanguri, Hitler Size, Patrick Chahwanda, Alfeyo Maxwell, Success Jonasi, WalterChigunda, James Gatsi and TinarwoKaponda were at all material times employed by Respondent on fixed term contracts terminating on 31st May 2011. Respondent is a non governmental organisation engaged in non profitactivities and dependent on donor funding for its activities. Appellants had been employed for varying periods from 1 year to 9 years on fixed term contracts which had... More
