UNITRACK (PRIVATE) LIMITED v TELONE (PRIVATE) LIMITED

Judgment No. SC 10/18

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Case Details

Court

Supreme Court

Date

1 September 2014

Citation

Judgment No. SC 10/18

Neutral Citation

[2018] ZWSC 10

Judgment No.

SC 10/18

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MAVANGIRA AJA

Full Bench

ZIYAMBI JAHLATSHWAYO JAMAVANGIRA AJA

Areas of Law

Civil ProcedureArbitration Law

Keywords

Rule 449Functus officioParallel jurisdictionArbitral awardInterest

Key Issues

{"issue_text":"Whether the High Court erred in applying Rule 449 to set aside the decision of another judge of the same jurisdiction.","issue_type":"law","dispositive":"yes","related_facts":"The High Court rescinded an order made by a judge of parallel jurisdiction."}

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background

Facts of the Case

Background

The appellant obtained an arbitral award against the respondent. The appellant applied to the High Court for registration of the award, and the order granted included payment of interest, which was not in the original award. The respondent applied for rescission of this order under Rule 449, which was granted. The appellant appealed to the Supreme Court.

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