Elphas Mavune Maphisa v Bulawayo Municipal Commercial Undertaking & Gordon Geddes

[2018] ZWSC 14

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Case Details

Court

Supreme Court

Date

27 November 2017

Citation

[2018] ZWSC 14

Judgment No.

SC 14/18

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Gowora JA

Author

Patel JA

Full Bench

Gowora JAPatel JAZiyambi AJA

Areas of Law

ArbitrationCommercial LawCivil Procedure

Keywords

arbitral awardfranchise agreementreview applicationHigh CourtModel Law

Key Issues

{"issue_text":"Whether the High Court erred in dismissing the application for review of the arbitrator's determination on preliminary issues","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant's failure to invoke Article 34 procedure, lack of valid grounds of review"}
{"issue_text":"Whether the appeal has become academic given the existence of the final arbitral award and subsequent review proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Final award of 3 December 2015, subsequent review proceedings dismissed on 27 October 2016"}

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Facts of the Case

Background

The appellant appealed against a High Court judgment that dismissed his application for review of an arbitrator's determination on preliminary issues relating to the legal status and capacity of the first respondent to enforce a franchise agreement. The appellant had failed to follow the proper procedure under Article 34 of the Model Law for setting aside arbitral awards.

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