HH 384-18 HOLBUD LIMITED versus GRAIN MARKETING BOARD

HOLBUD LIMITED

versus

GRAIN MARKETING BOARD

 

 

HIGH COURT OF ZIMBABWE

MANGOTA J

HARARE, 29 March, 2018 and 3 July, 2018

 

 

Opposed application

 

 

J. Samukange, for the applicant

K. Kachambwa, for the respondent

 

            MANGOTA J: I heard this application on 29 March, 2018. I disposed of the same by way of an ex tempore judgment in which I dismissed it with costs.

            The applicant’s legal practitioner addressed a letter to the registrar of this court. He did so on 6 April, 2018. He requested my reasons for the decision. These are they:

            The applicant and the respondent appeared before the learned arbitrator who, on 26 May 2015, issued an arbitral award in favour of both parties. These had claimed and counter-claimed against each other. The applicant moved the court to register its part of the award for purposes of enforcement.

            The respondent opposed the application. It criticised the substance of the same. It submitted that the learned arbitrator’s findings in respect of the damages which the applicant sought from it was contrary to the public policy of Zimbabwe and was, therefore, erroneous. It averred that it had applied to have the award set aside. It said its application was filed under HC 6736/15. It stated that HC6736/15 was pending determination at this court. The application, it said, had reached an advanced stage in that both parties had filed their heads of argument. It moved the court to dismiss the application.

 

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2018