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POMELO MINING (PVT) LTD v ANNANDALE TRUST & ANOR 2019 (1) ZLR 119 (H)

2019 (1) ZLR p119

Citation

2019 (1) ZLR 119 (H)

Case No

Judgment No . HH-33-19

Court

High Court, Harare

Judge

Muzofa J

Heard

29 November 2018

Judgment

23 January 2019

Counsel

R R Nyapadi, for the applicant
T S Manjengwah, for first respondent
No appearance for second respondent

Case Type

Opposed application

Annotations

Flynote

Arbitration – arbitrator – appointment of – challenge – procedure – arbitrator's qualifications – no agreement as to arbitrator's qualifications – appointment proper if agreed procedure followed

Arbitration – arbitrator – conduct of proceedings – no agreement as to procedure – arbitrator to conduct proceedings in such a manner as he considers appropriate – need to ensure that parties allowed to present their cases fully

Practice and procedure – parties – trust – representation of – may be represented by trustee – no specific evidence that specific trustee authorised to represent trust – trustee named in trust deed – sufficiency of such

Trust – litigation – representation of trust – may be represented by trustee – no specific evidence that specific trustee authorised to represent trust – trustee named in trust deed – sufficiency of such

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