Innocent Nehowa v Barep Investments (Private) Limited

HH 357-12

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Case Details

Court

Harare High Court

Date

5 September 2012

Citation

HH 357-12

Neutral Citation

[2012] ZWHH 357

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONI J

Full Bench

MAKONI J

Areas of Law

Labour arbitrationCivil procedure

Keywords

arbitral award registrationchamber applicationrescission applicationlis pendenis

Key Issues

{"issue_text":"Whether a chamber application is proper procedure for registering an arbitral award","issue_type":"procedural","dispositive":"no","related_facts":"Relief sought is procedural; application falls under Rule 226(c)"}
{"issue_text":"Whether an arbitral award can be registered while a rescission application is pending","issue_type":"procedural","dispositive":"no","related_facts":"Award was granted in default; respondent applied for rescission"}
{"issue_text":"Whether lis pendenis applies where previous application was withdrawn without tendering costs","issue_type":"procedural","dispositive":"no","related_facts":"Applicant previously filed and withdrew similar application"}

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Facts of the Case

Background

The applicant sought registration of an arbitral award granted by an arbitrator. The respondent opposed the application on procedural grounds, arguing the wrong procedure was used, a rescission application was pending, and the matter was lis pendenis.

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