THORNTON v MCKENZIE 2006 (2) ZLR 91 (H)
Citation | 2006 (2) ZLR 91 (H) |
Case No | Judgment No. HH-84-06 |
Court | High Court, Harare |
Judge | Bhunu J |
Heard | 14 June 2006 |
Judgment | 2 August 2006 |
Counsel | Ms P Matizanadzo, for the applicant |
Case Type | Civil application |
Annotations | No case annotations to date |
Flynote
Arbitration — Arbitration Act [Chapter 7:15] — s 35 — arbitral award upon registration is enforced as an arbitral award — unlike the Arbitration Act [Chapter 7:02] it does not provide for the award first being converted into a court order
Contract — sale of immovable property — sale agreement containing an arbitration clause in case of a dispute between the parties — setting aside of deed of transfer — Deeds Registry Act [Chapter 20:05] — s 8(1) — registration of deed of transfer cannot set it aside — seller of immovable property is not bound to proceed by way of arbitration in circumstances where a successful arbitral award would be incapable of enforcement
Statute — Deeds Registry Act [Chapter 20:05] — s 8(1) — cancellation of deed of transfer – cannot be cancelled in terms of an arbitral award
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