This is an application for leave to appeal a judgment of this court to the Supreme Court. After assessing addresses from both parties, the applicant has raised an arguable issue. Further the question of sufficiencyof evidence especially in a situation like the present one would, in my view require that the Supreme Court considers the appeal. More
This matter was set down as an application for leave to appeal. Before the merits of the application could be entertained two points in limine were raised by the respondent. It is only these two points which are the subject of this judgement. More
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
