Judgment No. SC 10/18
Criminal Appeal SC 185/14
DISTRIBUTABLE (9)
UNITRACK
TELONE
(PRIVATE) LIMITED
v
(PRIVATE) LIMITED
SUPREME COURT OF ZIMBABWE
ZIYAMBI JA, HLATSHWAYO JA & MAVANGIRA AJA
HARARE, SEPTEMBER 1, 2014
T. Mpofu, for the appellant
L. Matapura, for the respondent
MAVANGIRA AJA:
After hearing the parties on 1 September 2014 this Court
pronounced:
“It is the unanimous view of this Court that the appeal has merit and ought to succeed.
Accordingly, it is ordered as follows:
1. The appeal is allowed with costs.
2. The judgment of the court a quo is set aside and substituted with the following:
‘The application is dismissed with costs.’
Reasons for this judgment will follow in due course.”
The following are the reasons.
BACKGROUND
The appellant obtained an arbitral award dated 31 December 2008 requiring that
the respondent pay it an amount equivalent to US$70 719,00 multiplied by the parallel market
rate obtaining on the date of payment and within 48 hours of the uplifting of the award.
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