HH 404-18 POMELO MINING (PVT) LTD versus ANNADALE TRUST and Anor

POMELO MINING (PVT) LTD

versus

ANNADALE TRUST

and

ADDINGTON BEXLEY CHIKOMBORERO CHINAKE N.O

 

 

HIGH COURT OF ZIMBABWE

MUZOFA J

HARARE, 5 & 11 July 2018

 

 

 

Urgent chamber application

 

 

R R Nyapadi, for the applicant

N Madya, for the first respondent

No appearance for second respondent

 

            MUZOFA J: On 3 July 2018, I struck off the roll the applicant’s urgent chamber application on the basis that it was not urgent. Pursuant to that decision the applicant applies for leave to appeal.

The brief facts of the matter are that the first and second respondents have a dispute pending determination before the second respondent who was appointed to arbitrate in the case. In a hearing before the second respondent, the applicant challenged the second respondent’s appointment and also alleged he could be biased. The second respondent dismissed the objections and gave directives on how the matter should proceed. The applicant filed an application in this court in terms of Article 13 (3) of the Arbitration Act [Chapter 7:15] “the Act” for the recusal of the second respondent. The first respondent thereafter requested from the applicant a date for continuation of the arbitration hearing. The second respondent served the applicant with a notice of set down on 28 May 2018, notifying parties of the date for continuation which was 3 July 2018. The applicant then approached this court on an urgent basis to stay the arbitration proceedings pending determination of the application made in terms of Article 13(3) of the Act.

 

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2018