PIONEER TRANSPORT (PVT) LTD v DELTA CORPORATION & ANOR 2012 (1) ZLR 58 (H)
Citation | 2012 (1) ZLR 58 (H) |
Case No | Judgment No. HH-18-12 |
Court | High Court, Harare |
Judge | Gowora J |
Heard | 18 October 2011; CAV |
Judgment | 1 January 2012 |
Counsel | A Moyo, for the applicant |
Case Type | Court application |
Annotations | Link to case annotations |
Flynote
Arbitration – award – setting aside of – agreement between parties that decision of the arbitrator be final – no bar to proceedings before High Court to set aside award
Arbitration – award – setting aside of – award contrary to public policy – applicant has to establish that the award is contrary to public policy even if award is incorrect in order to succeed.
Arbitration – award – setting aside of – failure of applicant to comply with award before commencing proceedings – no need for applicant to do so
Practice and procedure – parties – "clean hands" – requirement to come to court with – applicability – application to set aside arbitral award – applicant not having complied with award – no requirement to comply with award before approaching court for relief under Arbitration Act [Chapter 7:15]
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.