LARYSCOPE HEALTHCARE (PVT) LTD
HIGH COURT OF ZIMBABWE
HARARE, 14 May 2018 & 6 June 2018
O. D Mawadze, for the applicant
Matsanhura, for the respondent
MUZOFA J: This chamber application is made in terms of r 236 (4) (b) of the High Court Rules, 1971 for registration of an arbitral award.
The application is opposed on two fronts. Firstly that r 236 (4) (b) does not envisage an application such as the one before the court. Secondly that the initial award giving rise to the quantified award was rescinded therefore there is nothing to register.
I agree with Mr Matsanhura for the respondent, r 236 provides
“236 set down of applications.
(4) where the applicant has filed an answering affidavit in response to the respondent’s opposing
affidavit but has not, within a month thereafter, set the matter down for hearing, the
respondent, on notice to the applicant, may either–
(b) make a chamber application to dismiss the matter for want of prosecution, and the judge may
order the matter to be dismissed with costs or make such order on such terms as he thinks fit.”
The rule deals with a situation where an applicant fails to set the matter down within thirty days of filing an answering affidavit. The respondent is empowered to take charge of the litigation with a view to finalise the matter by either setting the matter down or applying for discharge for