MUVUTI INVESTMENTS (PRIVATE) LIMITED

versus

OLD MUTUAL PROPERTY INVESTMENTS (PRIVATE) LIMITED

and

THE HONOURABLE ARBITRATOR, AMOS MASARIRE

HIGH COURT OF ZIMBABWE

DUBE J

HARARE, 23, 24 May 2018 & 25 July 2018

Opposed Matter

F Girach, for the applicant

T Mpofu, for the 1^st respondent

No appearance for 2^nd respondent

            DUBE J: An arbitrator’s role ends when he has rendered an award. Where an arbitrator has made a mistake in issuing an award, he becomes functus officio as regards questions decided by his award. He may not reconsider his decision or amend and or modify the award without the consent of the parties. He may amend only patent mistakes apparent on the face of the award that relate to mathematical and grammatical mistakes. An arbitrator, who has made an award, has no jurisdiction to change his mind. An Arbitrator who changes his award issues a new award.

            The applicant seeks an order setting aside the operative part of an award and seeks an order in the following terms,

Terms of order sought

1. Paragraph a) of the operative part of the arbitral award handed down by the 2^nd respondent on 5^th May 2015, be and is hereby set aside.