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Supreme Court
Ariston Management Services (Private) Limited v Ecocet Wireless Zimbabwe Limited & Peter Carnegie N.O.
[2025] ZWSC 55
Case Details
Court
Supreme Court
Date
3 July 2025
Citation
[2025] ZWSC 55
Judgment No.
SC 55/25
Outcome
unknown
Case Type
Condonation
Bench
Presiding
Chiweshe JA
Full Bench
Chiweshe JA
Areas of Law
Civil ProcedureArbitration LawBanking & Finance
Keywords
condonationlate noting of appealarbitral awardforeign currency loanexchange control regulationspublic policy
Tags
arbitrationcondonationappealforeign currencyexchange control
legislation
Statutes Cited
- Supreme Court Act
- Constitutional Court Act
- Arbitration Act
- Presidential Powers (Temporary Measures) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether condonation should be granted for late noting of appeal","issue_type":"procedural","dispositive":"yes","related_facts":"14-month delay, ongoing litigation"}
- {"issue_text":"Whether the applicant has reasonable prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Arbitral award conflicts with SI 33/2019"}
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background
Facts of the Case
Background
The applicant, a company, had obtained a foreign currency loan from the first respondent. A dispute arose over whether the loan could be repaid in local currency at 1:1 following SI 33/2019. An arbitrator ruled the debt must be paid in USD. The High Court registered the arbitral award. The applicant's appeal was struck off, then reinstated by the Constitutional Court, but again struck off. It now seeks condonation to file a fresh appeal.
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