Doves Funeral Services (Private) Limited v Alexio Mavhemwa and The Sheriff (N.O.)

HH 734-17

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Case Details

Court

Harare High Court

Date

31 October 2017

Citation

HH 734-17

Neutral Citation

[2017] ZWHH 734

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Muremba J

Full Bench

Muremba J

Areas of Law

Labour LawCivil Procedure

Keywords

arbitral awardstay of executionLabour Courtregistrationappeal

Key Issues

{"issue_text":"Does the High Court have jurisdiction to stay execution of an arbitral award registered as its order pending Labour Court appeal?","issue_type":"procedural","dispositive":"yes","related_facts":"Award registered on 4 July 2017, appeal pending in Labour Court"}
{"issue_text":"Is the matter res judicata due to previous Labour Court dismissal of stay application?","issue_type":"procedural","dispositive":"no","related_facts":"Labour Court dismissed stay application on 4 October 2017"}
{"issue_text":"Is the application urgent?","issue_type":"procedural","dispositive":"no","related_facts":"Property attached on 18 October 2017, application filed 19 October 2017"}

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Facts of the Case

Background

The applicant, a former employer, sought to stay execution of an arbitral award that had been registered as a High Court order. The first respondent, a former employee, had obtained the arbitral award on 12 February 2016 and registered it as a court order on 4 July 2017. The applicant had noted an appeal to the Labour Court against the arbitral award and sought to stay execution pending that appeal.

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