Judgment No. 19/18
Chamber Application SC 97/18
Ref Case No. SC 847/17
It is the settled position that a judge in chambers cannot exercise the jurisdiction of
the appeal court proper.
I contrast and distinguish the facts of this application from the facts in University
of Zimbabwe v Kwanele M. Jirira and Others SC 6/13 where ZIYAMBI JA granted stay of
execution of an arbitral award pending an appeal against the order of the High Court refusing
it a stay of execution. In that matter, the first and second respondents, former employees of the
applicant, commenced execution against the property of the applicant in satisfaction of an
arbitral award whose award and quantification were on appeal before the Labour Court. After
the award was registered with the High Court, the applicant unsuccessfully approached the
High Court for an order staying the execution. At the time of the hearing of the application for
stay of execution, the appeals in the Labour Court had been dismissed and the applicant had
applied for leave to note an appeal to the Supreme Court. The application for stay was granted
as the Honourable Judge was of the view that the High Court had misdirected itself in holding
that it had no jurisdiction in the matter. In that matter the issue for determination by the appeal
court was not whether or not the High Court had jurisdiction in the matter but the correctness
of the award by the arbitrator and its quantum.
In casu, the correctness of the decision by the court a quo not to grant the
application for stay are issues for determination both before me in the current application and
before the appeal court. As indicated above, it is my view that a judge in chambers does not
enjoy parallel jurisdiction to that of the appeal court.
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