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Harare High Court
NetOne Cellular (Private) Limited v Lazarus Muchenje
HH 720-25
Case Details
Court
Harare High Court
Date
12 November 2025
Citation
HH 720-25
Neutral Citation
[2025] ZWHH 720
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIRAWU-MUGOMBA J
Full Bench
CHIRAWU-MUGOMBA J
Areas of Law
Arbitration lawCommercial lawCivil procedure
Keywords
arbitrationarbitrator appointmentlease agreementCommercial Arbitration Centre
Tags
arbitrationlease disputeappointment of arbitrator
legislation
Statutes Cited
- Police and Criminal Evidence Act 1984
- Regulation of Investigatory Powers Act 2000
- Human Rights Act 1998
- European Convention on Human Rights, art 6
ai analysis
Case Summary
Key Issues
- {"issue_text":"Is there material non-joinder of the Commercial Arbitration Centre?","issue_type":"procedural","dispositive":"no","related_facts":"CAC was not joined as party but was approached by applicant"}
- {"issue_text":"Should the court mandate the Commercial Arbitration Centre to appoint an arbitrator?","issue_type":"mixed","dispositive":"yes","related_facts":"Arbitration clause silent on procedure, parties failed to agree, CAC requires court order"}
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background
Facts of the Case
Background
The applicant (former employer) and respondent (former employee) have a dispute over a lease agreement for property at 14 Fairfield Close, Greystone Park. A prior court order referred the dispute to arbitration under the lease agreement's arbitration clause, but the clause is silent on appointment procedure. Parties failed to agree on arbitrator appointment, and Commercial Arbitration Centre requires court order to act.
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