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GOLD DRIVEN INVESTMENTS (PVT) LTD v TEL·ONE (PVT) LTD & ANOR 2013 (1) ZLR 172 (S)

2013 (1) ZLR p172

Citation

2013 (1) ZLR 172 (S)

Case No

Judgment No. S-9-13

Court

Supreme Court, Harare

Judge

Malaba DCJ, Ziyambi JA & Omerjee AJA

Heard

9 October 2012; CAV

Judgment

25 February 2013

Counsel

F Girach, for the appellant
T Mpofu, for the first respondent

Case Type

Civil appeal

Annotations

No case annotations to date

Flynote

Arbitration – point of law – when may be raised – should form part of party's claim or defence – point of law may only be raised by seeking amendment to claim or defence unless parties agree otherwise – when amendment may be refused

Practice and procedure – point of law – when may be raised – may be at any time if prejudice not occasioned to other party – explicit provisions of law regarding raising of point of law – such provisions overriding general principles

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