GOLD DRIVEN INVESTMENTS (PRIVATE) LIMITED
1. TELONE (PVT) LIMITED (2) A R GUBBAY N.O.
SUPREME COURT OF ZIMBABWE
MALABA DCJ, ZIYAMBI JA & OMERJEE AJA
HARARE, OCTOBER 9, 2012 & FEBRUARY 25, 2013
F Girach, for the appellant
T Mpofu, for the first respondent
No appearance, for the second respondent
MALABA DCJ: This is an appeal against the judgment of the High Court dismissing an application for review of an arbitral award granted by the second respondent (“the arbitrator”) in favour of the first respondent.
There are two grounds of appeal. The first is that the court a quo misdirected itself in failing, to uphold the contention that the arbitrator ought to have determined the merits of the question of the illegality of the two agreements entered into by the parties as advanced by the appellant in the heads of argument after the hearing of evidence had ended. The contention is that as the question of the illegality of the contracts was a question of law which went to the root of the dispute between the parties, the arbitrator was obliged to depart from the requirements of Article 23(2) of the Model Law. The second ground of appeal is that the court a quo misdirected itself in failing to uphold the contention that the arbitrator exceeded the terms of submission to arbitration when he granted the award.