Main Protective Clothes (Pvt) Ltd v Nimrod Ncube

HB 192-22

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Case Details

Court

Bulawayo High Court

Date

14 July 2022

Citation

HB 192-22

Neutral Citation

[2022] ZWHB 192

Judgment No.

HB 192/22

Outcome

unknown

Case Type

Application

Bench

Presiding

Takuva J

Full Bench

Takuva J

Areas of Law

Arbitration LawCivil Procedure

Keywords

Arbitral AwardCondonationPublic PolicyCurrencyDelay

Key Issues

{"issue_text":"Whether the applicant should be granted condonation for late filing of application to set aside arbitral award","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to file within prescribed time; improperly appealed to Labour Court"}
{"issue_text":"Whether the applicant has reasonable prospects of success on the merits","issue_type":"mixed","dispositive":"yes","related_facts":"Award granted in US dollars; Finance Act recognizes Zimbabwe Dollar as official currency"}

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background

Facts of the Case

Background

The applicant sought condonation for late filing of an application to set aside an arbitral award. The arbitrator had awarded the respondent damages in lieu of reinstatement amounting to US$7,288.56 to be paid in local currency at the interbank rate. The applicant had previously improperly appealed to the Labour Court, which lacked jurisdiction over arbitration awards made under the Arbitration Act.

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