The applicant v Monica Seka and Nevies Chibondo and Anyway Kazingachire and Chiratidzo Ndowa

HH 6-2012

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Case Details

Court

Harare High Court

Date

12 January 2012

Citation

HH 6-2012

Neutral Citation

[2012] ZWHH 6

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Hungwe J

Full Bench

Hungwe J

Areas of Law

Labour lawCivil procedure

Keywords

arbitral award registrationexecutionstayappeallis pendens

Key Issues

{"issue_text":"Whether the registration of an arbitral award under appeal was competent","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal noted 7 November 2011, registration granted 30 November 2011"}
{"issue_text":"Whether the court should grant interim relief staying execution pending rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Execution commenced, applicant unaware until 5 January 2012"}

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background

Facts of the Case

Background

The applicant, a private educational institution, employed the first to fourth respondents. After termination of employment, an arbitrator awarded damages in lieu of reinstatement to the respondents on 10 October 2011. The applicant noted an appeal to the Labour Court on 7 November 2011. Meanwhile, the respondents successfully registered the arbitral award on 30 November 2011 under case HC 10266/11, and a writ of execution issued on 19 December 2011. The applicant only became aware when served with notice of removal on 5 January 2012.

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