Raubex Construction Lesotho (Pty) Ltd v Moruthane (CIV/APN/ 476 of 2001) [2002] LSCA 62 (12 August 2002)

Raubex Construction Lesotho (Pty) Ltd v Moruthane (CIV/APN/ 476 of 2001) [2002] LSCA 62 (12 August 2002)

The court found that the arbitration agreement was valid, the arbitrator was properly appointed, the respondent was aware of and participated in the proceedings, and no valid defence or application to set aside the award was raised. The applicant was entitled to have the arbitral award made an order of court.

Citation
[2002] LSCA 62
Parties
Applicant: Raubex Construction Lesotho (Pty) Ltd; Respondent: T. Moruthane
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
12 August 2002
Case Number
CIV/APN/ 476 of 2001
Procedural Posture
Application to Make Arbitral Award an Order of Court / Judgment on Application
Outcome
Application granted
Legal Topics
Enforcement of Arbitral Awards, Joint Venture Disputes, Contractual Obligations, Judicial Discretion in Arbitration
Source Language
English
Arbitration Commercial Law Enforcement of Arbitral Awards Joint Venture Disputes Contractual Obligations Judicial Discretion in Arbitration

Case Brief

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Parties

Raubex Construction Lesotho (Pty) Ltd

Applicant

T. Moruthane

Respondent

Procedural Posture

Application to Make Arbitral Award an Order of Court / Judgment on Application

Legal Issues

  1. 1 Whether the arbitral award should be made an order of court under section 32 of the Arbitration Act 1980
  2. 2 Whether the arbitration proceedings were properly constituted and conducted
  3. 3 Whether the respondent had a valid defence to enforcement of the award

Ratio Decidendi

The court found that the arbitration agreement was valid, the arbitrator was properly appointed, the respondent was aware of and participated in the proceedings, and no valid defence or application to set aside the award was raised. The applicant was entitled to have the arbitral award made an order of court.

Court Disposition

Application granted

Orders

  • The award of the arbitrator dated 12 October 2001 is made an order of court.
  • The costs of this application are to be paid by the respondent.