Ellephant College v Victor Chiyangwa & Shelton Muchadziya

[2020] ZWSC 77

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Case Details

Court

Supreme Court

Date

15 June 2020

Citation

[2020] ZWSC 77

Judgment No.

SC 77/20

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GWAUNZA DCJ

Author

MAKARAU JA

Full Bench

GWAUNZA DCJMAKARAU JAMAVANGIRA JA

Areas of Law

Labour LawCivil Procedure

Keywords

arbitral awardsprescriptiondeclaratory orderdefault judgmentres judicataissue estoppel

Key Issues

{"issue_text":"Whether application for declaratory order was properly brought where extant default judgment existed","issue_type":"procedural","dispositive":"yes","related_facts":"Default judgment registering awards remained extant; appellant abandoned appeal against refusal of rescission"}
{"issue_text":"Whether arbitral awards prescribe after three years under Prescription Act","issue_type":"law","dispositive":"no","related_facts":"Awards issued in 2014, registered in 2018"}

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Facts of the Case

Background

The appellant, Ellephant College, sought a declaratory order that arbitral awards issued in 2014 against it had prescribed after three years. The respondents, former employees, had registered the awards in 2018 for execution. The college had previously failed to have the default judgment set aside and abandoned an appeal against the refusal of rescission.

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