Trish Kabubi v Zimrock International (Pvt) Ltd

HH 321-12

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Case Details

Court

Harare High Court

Date

11 July 2012

Citation

HH 321-12

Neutral Citation

[2012] ZWHH 321

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONI J

Full Bench

MAKONI J

Areas of Law

Labour LawCivil Procedure

Keywords

Arbitral AwardSuspension of AppealConflicted Legal Practitioner

Key Issues

{"issue_text":"Does the doctrine of dirty hands apply to non-compliance with an arbitral award?","issue_type":"law","dispositive":"yes","related_facts":"Labour Court refusal to hear respondent; respondent's non-compliance with award"}
{"issue_text":"Does noting an appeal in terms of s 98(10) of the Labour Act suspend the decision being appealed against?","issue_type":"law","dispositive":"yes","related_facts":"Respondent's opposition based on pending appeal"}
{"issue_text":"Is an opposing affidavit valid if deposed to by a legal practitioner who presided over the internal disciplinary hearing?","issue_type":"procedural","dispositive":"no","related_facts":"Mr. Mugandiwa's dual role as presiding officer and deponent"}

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Facts of the Case

Background

The applicant sought registration of an arbitral award in her favor. The respondent opposed, arguing it had filed an appeal which suspended the award. The applicant raised preliminary points regarding the respondent's "dirty hands" and the conflict of interest of the respondent's legal practitioner who had presided over the internal disciplinary hearing.

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