WIDE FREE (PVT) LTD t/a CORE SOLUTIONS
HIGH COURT OF ZIMBABWE
HARARE, 23 February 2018 & 16 May 2018
S.M Hashiti, for the applicant
M Tshuma, for the respondent
MUREMBA J: This is an application for registration of an arbitral award as an order of this court for purposes of enforcement in terms of Article 35 (1) of the Arbitration Act [Chapter 7:15]. The arbitral award was obtained following the referral of a commercial dispute between the parties for arbitration. The award orders the respondent to pay the applicant US$1 492 970.88, interest, applicant’s costs of the arbitration and the arbitrator’s fees. It was granted on 26 May 2017 by Honourable Moses H. Chinhengo. Attached to the founding affidavit as an annexure are the detailed reasons for the award given by the Honourable arbitrator. In his reasons he gives a detailed narration of what transpired throughout the arbitration proceedings from the time they commenced in November 2015 up to the time he granted the award in May 2017. His narration is more or less the same as the narration that is given by the applicant in its answering affidavit in response to the respondent’s opposing affidavit.
In its opposing papers the respondent averred that this court should not register this arbitral award in terms of Article 36 (1) (a) (ii) and v; 1 (b) (ii) as read with Article 36 (3) (b) and Article 36 (1) (v). It averred its reasons as follows.