Marange Resources (Private) Limited v Core Mining and Minerals (Private) Limited (In Liquidation) and Moses Chinhengo, (Retired Judge) N.O and President of the Law Society of Zimbabwe N.O and Attorney General of Zimbabwe N.O

HH 187-13

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Case Details

Court

Harare High Court

Date

14 June 2013

Citation

HH 187-13

Neutral Citation

[2013] ZWHH 187

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

DUBE J

Full Bench

DUBE J

Areas of Law

Commercial ArbitrationCompany LawCivil Procedure

Keywords

arbitration proceedingsinterim interdicturgencycompany in liquidationmisdescription of parties

Key Issues

{"issue_text":"Whether the first respondent was properly cited given the misdescription from (Pty) to (Pvt)","issue_type":"procedural","dispositive":"yes","related_facts":"First respondent is South African company cited as Zimbabwean company"}
{"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed long after arbitration process began"}
{"issue_text":"Whether the applicant exhausted domestic remedies under the Arbitration Act","issue_type":"procedural","dispositive":"yes","related_facts":"Arbitrator has power to rule on jurisdiction"}

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background

Facts of the Case

Background

The applicant sought an urgent interim interdict to stay arbitration proceedings initiated by the first respondent, arguing that the arbitration agreement was invalid and that the first respondent was improperly cited as it was a South African (Pty) company incorrectly described as a Zimbabwean (Pvt) company. The first respondent had been placed under liquidation by a South African court.

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