Supreme Court of Zimbabwe - 2017 November

2 judgments
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2 judgments
Citation
Judgment date
November 2017
Appeal dismissed: review was improperly instituted; arbitration proceeded and punitive costs awarded for abuse of process.
Arbitration — Review of arbitral determination — Procedural requirements under Article 34 of the Model Law (Arbitration Act) — Improperly instituted review under High Court Act — Abuse of court process — Punitive costs (legal practitioner and client) — Appeal rendered academic by subsequent final award.
27 November 2017
A notice of appeal failing mandatory rule requirements is a nullity; dismissal for wilful refusal to sign secrecy declaration affirmed.
Civil procedure — Appeals — Mandatory content of notice of appeal (rule 7) — Failure renders appeal a nullity; application to amend founded on nullity is likewise incurable — Costs de bonis propriis. Labour law — Misconduct — Wilful refusal to sign confidentiality declaration amounts to breach going to root of contract; employer’s dismissal not unreasonable; arbitrator should not substitute dismissal absent misdirection or unreasonableness.
14 November 2017