Dzobo Primary School v Machakaire AND Dzobo Primary School v Jamela AND Dzobo Primary School v Dzobo (CIV A 493 of 2015; CIV A 494 of 2015; HH 354 of 2016; REF MTRE 927 of 2015) [2016] ZWHHC 354 (10 June 2016)

Dzobo Primary School v Machakaire AND Dzobo Primary School v Jamela AND Dzobo Primary School v Dzobo (CIV A 493 of 2015; CIV A 494 of 2015; HH 354 of 2016; REF MTRE 927 of 2015) [2016] ZWHHC 354 (10 June 2016)

The arbitral award and its registration were nullities because Dzobo Primary School is not a legal persona and cannot be sued; the proper party was the SDC, which was not cited.

Citation
[2016] ZWHHC 354
Parties
Appellant: Dzobo Primary School; Respondent: Marian Machakaire; Respondent: Judith Jamela; Respondent: Rena Dzobo
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
10 June 2016
Case Number
CIV A 493 of 2015 ; CIV A 494 of 2015 ; HH 354 of 2016 ; REF MTRE 927 of 2015
Procedural Posture
Civil Appeal / Judgment After Appeal
Outcome
appeal allowed
Legal Topics
Arbitration Award Registration, Locus Standi, Legal Personality
Source Language
English
Labour Law Civil Procedure Arbitration Award Registration Locus Standi Legal Personality

Case Brief

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Parties

Dzobo Primary School

Appellant

Marian Machakaire

Respondent

Judith Jamela

Respondent

Rena Dzobo

Respondent

Procedural Posture

Civil Appeal / Judgment After Appeal

Legal Issues

  1. 1 Whether the arbitral award could be registered against Dzobo Primary School, an entity lacking legal personality
  2. 2 Whether the Magistrate Court erred in registering an award against a non-legal persona

Ratio Decidendi

The arbitral award and its registration were nullities because Dzobo Primary School is not a legal persona and cannot be sued; the proper party was the SDC, which was not cited.

Court Disposition

appeal allowed

Orders

  • Application for registration of the arbitration award dismissed
  • Each party to pay its own costs