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POMELO MINING (PVT) LTD v ANNANDALE TRUST & ANOR 2019 (3) ZLR 1033 (S)

2019 (3) ZLR p1033

Citation

2019 (3) ZLR 1033 (S)

Case No

Judgment No. S-90-19

Court

Supreme Court, Harare

Judge

Garwe JA, Mavangira JA & Mathonsi JA

Heard

20 September 2019

Judgment

14 November 2019

Counsel

L Uriri, for the appellant
T S Manjengwah, for the first respondent
No appearance for the second respondent

Case Type

Civil appeal

Annotations

Flynote

Arbitration – arbitrator – appointment – challenge to – grounds – bias – test – objective test of likelihood of bias

Arbitration – award – review – grounds – failure to observe audi alteram partem rule – party being given opportunity to present its case and failing to do so – not a ground for setting aside award

Contract – non-variation clause – not open to party to depart from terms of contract

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