JUDGMENT NO. CCZ 16/2016
CONST. APPLICATION CCZ 4/2016
the Labour Court, it must be satisfied before registering an award that all the necessary formalities
have been complied with. In Vasco Olympio & 4 Ors v Shomet Industrial Development HH-19112, CHIWESHE JP at p1 of the cyclostyled judgment, outlining the requirements for registering
an arbitral award, stated:
“The purpose of registration is merely to facilitate the enforcement of such an order through
the mechanism availed to the High Court or the magistrate court, namely the office of the
Deputy Sheriff or the messenger of court, respectively… In an application such as the
present one, this court is not required to look at the merits of the award. All that is required
of this court is that it must satisfy itself that the award was granted by a competent
arbitrator, that the award sounds in money, that the award is still extant and has not been
set aside on review or appeal and that the litigants are the parties, the subject of the arbitral
award. There must also be furnished, a certificate given under the hand of arbitrator.”
The requirements that must be satisfied before the High Court or the Magistrates Court grants an
application for registration of an award are:
a) The award must have been granted by a competent arbitrator.
b) The award must sound in money.
c) The award is still extant and has not been set aside on review or appeal.
d) The litigants are the parties to the award.
e) The award must be certified as an award of the arbitrator.
The process of registration of an arbitral award is closely connected to the remedy
provided for under s 92E(3) of the Act. It is the decision relating to the arbitral award which would
be the subject of appeal to the Labour Court. An application for registration of an arbitral award
presupposes that there is no application made to or pending before the Labour Court for an interim
order suspending the execution of the decision appealed against. A party cannot submit for
registration an arbitral award he or she knows or ought to know is subject to an interim
determination suspending its execution pending appeal. The High Court or Magistrates’ Court
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