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STONEWELL SEARCHES (PVT) LTD v STONE HOLDINGS (PVT) LTD & ORS 2020 (1) ZLR 250 (H)

2020 (1) ZLR p250

Citation

2020 (1) ZLR 250 (H)

Case No

Judgment No. HH-98-20

Court

High Court, Harare

Judge

Zisengwe J

Heard

25 November 2019

Judgment

12 February 2020

Counsel

C Venturas, for the applicant
D Tivadar, for the respondent

Case Type

Application to set aside arbitral award

Annotations

Flynote

Arbitration – award – setting aside of – grounds – failure to observe audi alteram partem rule – arbitrator refusing postponement because particular counsel not available – no absolute right to practitioner of first choice – other practitioners available who were familiar with case – no grounds to set aside award

Constitutional law – Constitution of Zimbabwe 2013 – Declaration of Rights – right to representation in legal proceedings by legal practitioner of choice (s 69(4)) – limits to such right – numerous postponements of proceedings because particular counsel not available – other counsel available – right of other party to speedy hearing – relevance of

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