AppealInterim AwardTime LimitsCondonationPoints in Limine
Tags
AppealPoints in LimineStruck Off Roll
legislation
Statutes Cited
Fourteenth Amendment to the United States Constitution
Voting Rights Act of 1965, 42 U.S.C. § 1973
42 U.S.C. § 1983
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the appeal against the interim award was properly before the court given it was not filed within 21 days","issue_type":"procedural","dispositive":"yes","related_facts":"Interim award received on 26 July 2012, appeal noted on 4 November 2013"}
{"issue_text":"Whether appellant was barred from proceeding due to failure to file heads of argument timeously","issue_type":"procedural","dispositive":"yes","related_facts":"Response filed on 11 November 2013, heads of argument filed on 13 February 2014"}
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background
Facts of the Case
Background
Fidelity Life Assurance appealed against two awards by Arbitrator P Bvumbe. The appeal was noted on 4 November 2013, but the appellant failed to file heads of argument within the required 14-day period after receiving the respondent's response, and only filed them on 13 February 2014 without seeking condonation.
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