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Harare High Court
Ericson Mvududu v Agricultural and Development Authority (ARDA)
HH 286-11
Case Details
Court
Harare High Court
Date
23 November 2011
Citation
HH 286-11
Neutral Citation
[2011] ZWHH 286
Outcome
unknown
Case Type
Application
Bench
Presiding
BHUNU J
Full Bench
BHUNU J
Areas of Law
Labour lawArbitrationCivil procedure
Keywords
arbitral awardregistrationenforcementappealsuspension
Tags
arbitral award registrationenforcementappeal suspension
legislation
Statutes Cited
- Labour Act
- Labour Act
- Labour Act
- Labour Act
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant is entitled to register arbitral award while appealing it","issue_type":"procedural","dispositive":"no","related_facts":"Applicant appealed award while seeking registration"}
- {"issue_text":"Whether noting appeal suspends enforceability of arbitral award","issue_type":"procedural","dispositive":"yes","related_facts":"Both parties noted appeals to Labour Court"}
- {"issue_text":"Whether applicant can execute registered award pending appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Registration converts award to civil judgment"}
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background
Facts of the Case
Background
The applicant, former CEO of ARDA, obtained an arbitral award for US$140,464-09 including backpay, damages, and punitive damages. He sought registration of this award with the High Court while simultaneously appealing against it for higher damages. The respondent opposed registration arguing that one cannot enforce a judgment they are appealing against.
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