Trustco Mobile (Pty) Ltd and Trustco Group International (Pty) Ltd v Econet Wireless (Pvt) Ltd and First Mutual Life Assurance Group

HH 211-11

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Case Details

Court

Harare High Court

Date

12 October 2011

Citation

HH 211-11

Neutral Citation

[2011] ZWHH 211

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Mavangira J

Full Bench

Mavangira J

Areas of Law

Arbitration LawCivil ProcedureCommercial Law

Keywords

Arbitration ActArticle 9Interim measure of protectionLeave to executeAppealability

Key Issues

{"issue_text":"Whether the judgment in HC 6065/11 is subject to appeal in light of Article 9(4) of the Arbitration Act","issue_type":"law","dispositive":"yes","related_facts":"The judgment was granted pursuant to Article 9 of the Arbitration Act"}
{"issue_text":"Whether leave to execute pending appeal should be granted","issue_type":"mixed","dispositive":"yes","related_facts":"Non-compliance with order, need for access to systems, balance of convenience"}

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Facts of the Case

Background

On 17 August 2011, the first applicant and respondents concluded an agreement for licensing intellectual property to provide free life insurance to cellular phone users. Differences arose, leading the first applicant to file an urgent application (HC 6065/11) which resulted in a provisional order in its favor on 25 July 2011. The first respondent noted an appeal to the Supreme Court (SC 171/11) but did not comply with the order, prompting this urgent chamber application for leave to execute the judgment pending appeal.

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