HH 403-18 POMELO MINING (PVT) LTD versus ANNANDALE TRUST and Anor

POMELO MINING (PVT) LTD

versus

ANNANDALE TRUST

and

ADDINGTON BEXLEY CHIKOMBORERO CHINAKE N.O

 

 

HIGH COURT OF ZIMBABWE

MUZOFA J

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 

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2018