Mageza Samuels Incorporated v North West Housing Corporation (M168/16)
Mageza Samuels Incorporated v North West Housing Corporation (M168/16) [2017] ZANWHC 74 (13 September 2017)
The court found that the dispute between the parties is subject to an arbitration agreement contained in the service level agreement. The arbitrator has not yet ruled on his jurisdiction or the constitutional issues raised in the amended plea. The applicant failed to discharge the onus of showing compelling reasons why the matter should not be referred to arbitration. The court held that the arbitrator is competent to inquire into his own jurisdiction and that the proceedings before the court should be stayed pending the outcome of the arbitration. Costs were awarded to the respondent as the…
Source excerpt
- Arbitration Agreement
- Stay Of Proceedings
- Jurisdiction Of Arbitrator
- Constitutional Validity Of Contract