NAME OF CASE
Mtetwa and Another v Mupamhadzi
Name of the Court
Supreme Court of Zimbabwe
CITY AND COUNTRY
Arbitral award, setting aside
Subsequent to the signing by the parties of an agreement for the sale of land and the construction thereon of a house by the appellants, a dispute arose between the parties. The dispute was referred to arbitration. The arbitrator upheld the agreement of sale and ordered the appellants to transfer to the respondent the piece of land in question. The award was registered and became an order of the High Court. The appellants made an application in the High Court entitled ‘Application for Review and Leave to Appeal out of time’. The application was made in terms of Order 33 Rule 256 of the High Court Rules. The same was dismissed by the High Court. The appellants then appealed to the Supreme Court.
- An application to set aside an award should be made in terms of Article 34 of the Model Law.
- Even if the appellants had filed their application in terms of Article 34 of the Model Law, such application would have fallen short of the requirements set out in that Article. An application to set aside an award may not be made more than three months after the party seeking to have it set aside, received the award. Article 34 of the Model Law does not provide for a possible extension of the period for good cause shown or on any other ground. The Supreme Court upheld the High Court’s decision.