POMELO MINING (PVT) LTD
ADDINGTON BEXLEY CHIKOMBORERO CHINAKE N.O
HIGH COURT OF ZIMBABWE
HARARE, 3 July, 2018 and 11 July 2018
Urgent Chamber Application
Mr Nyapandi, for the applicant
Mr Madya, for the respondents
MUZOFA J: In this urgent chamber application, the applicant seeks an interim order in the following terms that,
“1. The arbitration proceedings set down for July 3, 2018 at 9.00am be and are hereby stayed pending the finalization of the application in terms of Article 13 (3) of the Arbitration Act of Zimbabwe under HC 4914/18.
2. The 1st respondent be and is hereby ordered to pay the costs of this application
And in the final order that,
“1. At the hearing of this matter 1st respondent shows cause why this order should not be granted as the final relief.
2. Costs be in the cause.”
The background to this matter is not in dispute. The applicant and the first respondent are embroiled in a dispute. The dispute was referred to arbitration in terms of the agreement between the parties. The second respondent was appointed by the Chairman of the Commercial Arbitration Centre as the arbitrator in the dispute. From the time the second respondent was appointed, the applicant objected to the appointment of the second respondent preferring a retired judge. On the 10th of May 2018 the applicant and the first respondent appeared before the second respondent for