Judgment No. SC 14/18
Civil Appeal No. SC 524/17
EX TEMPORE
ELPHAS
BULAWAYO
MAVUNE MAPHISA
v
MUNICIPAL COMMERCIAL UNDERTAKING
GORDON GEDDES
SUPREME COURT OF ZIMBABWE
GOWORA JA, PATEL JA & ZIYAMBI AJA
BULAWAYO, 27 NOVEMBER 2017
The appellant in person
L. Nkomo, for the first respondent
No appearance for the second respondent
PATEL JA: This is an appeal against the judgment of the High Court,
dated 13 July 2017, dismissing an application for review of the determination of an
arbitrator which had dismissed preliminary issues raised by the appellant relating, inter
alia, to the legal status of the first respondent and its capacity to enforce a franchise
agreement between the parties.
The court a quo found that the appellant had proceeded erroneously by not
invoking the procedure prescribed for setting aside arbitral awards under Article 34 of the
Model Law scheduled to the Arbitration Act [Chapter 7:15]. The court further found that,
even if the application had been mounted in terms of ss 26 and 27 of the High Court Act
[Chapter 7:06], the appellant had not alleged any valid grounds of review to set aside the
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