SC 14-18 Maphisa v BMCU

 

ELPHAS     MAVUNE     MAPHISA

v

BULAWAYO     MUNICIPAL     COMMERCIAL     UNDERTAKING

GORDON     GEDDES

 

 

 

SUPREME COURT OF ZIMBABWE

GOWORA JA, PATEL JA & ZIYAMBI AJA

BULAWAYO, 27 NOVEMBER 2017

 

 

The appellant in person

L. Nkomo, for the first respondent

No appearance for the second respondent

 

 

                        PATEL JA:   This is an appeal against the judgment of the High Court, dated 13 July 2017, dismissing an application for review of the determination of an arbitrator which had dismissed preliminary issues raised by the appellant relating, inter alia, to the legal status of the first respondent and its capacity to enforce a franchise agreement between the parties.

 

                        The court a quo found that the appellant had proceeded erroneously by not invoking the procedure prescribed for setting aside arbitral awards under Article 34 of the Model Law scheduled to the Arbitration Act [Chapter 7:15]. The court further found that, even if the application had been mounted in terms of ss 26 and 27 of the High Court Act [Chapter 7:06], the appellant had not alleged any valid grounds of review to set aside the 

2018

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