The appellant opposed the application, arguing that Article 11(4) of the UNCITRAL Model Law empowers the High Court to appoint an arbitrator of its own accord. The contention was that the High Court had no power to delegate the authority to appoint an arbitrator to another body, such as the Commercial Arbitration Centre. The appellant also argued that the dispute over the appropriate rental for the property was governed by the Commercial Premises (Rent) Regulations, Statutory Instrument No. 176 of 1983 (the Rent Regulations”) and as such should be determined by the Commercial Rent Board. The appellant further argued that... More
This is an appeal against the whole judgment of the Labour Court handed down on 27 May 2018 dismissing with costs, the appellant’s appeal to that court. The appellant had appealed against an arbitral award finding that it had constructively dismissed the respondent from employment. More
This is an appeal against the judgment of the High Court setting aside the decision of the appellant, made on 8 February 2018, ordering the rewrite of an English language examination at Ordinary Level taken by candidates in November 2017. The appeal is mounted against part of the judgment, in particular, paragraph 2 of the operative order of the court a quo. More
This is an application for leave to appeal against the decision of this court that was handed down on the 31st May 2019. This court in its judgment found that the Applicant had erred by applying SI 15/2006 when there were regulations that were provided for it to apply in conducting disciplinary proceedings. More
This is an appeal against the arbitral award that was granted in favour of the Respondent by Honourable Arbitrator Kazembe on the 5th of July 2018. In the award the Respondent was granted damages in lieu of reinstatement amounting to $418 060-00. More
The first respondent, Ezekiel Masamvu, had hiS sugar packaged in Portuguese inscribed satchels seized by first appellant’s officers. Both respondents appeared at Mutasa Magistrates Court for criminal charges of being found with goods not duly accounted for, the state had abandoned the original charge of smuggling in respect of first respondent, the state also charged first respondent herein with s 4 (1) (b) (ii) as read with s 5 of the Food and Food Standards Act [Chapter 15:04], for false description of goods. More
On 10 January 2020 the respondent filed an exparte application for a spoliation order at Mutare Provincial Magistrate’s Court on the basis that on 6 January 2020 the current appellants had ordered their employees to invade a commercial stand housing a service station where the respondent was the tenant and operator. Respondent attached a lease agreement to his application dated 14 March 2019. When the respondent’s employees invaded the service station they disjointed fuel pump units, parked a truck in front of a diesel fuel tank blocking the current respondent’s deliveries. On 9 January appellant’s staff allegedly repossessed the service... More
