Duri v Mbada Diamonds (Pvt) Ltd. (HC 2676 of 2015) [2015] ZWHHC 627 (21 July 2015)

Duri v Mbada Diamonds (Pvt) Ltd. (HC 2676 of 2015) [2015] ZWHHC 627 (21 July 2015)

Only the outstanding balance of the arbitral award, after accounting for payments made, should be registered for enforcement. Costs are awarded as consented by the parties.

Citation
[2015] ZWHHC 627
Parties
Applicant: Huggins Duri; Respondent: Mbada Diamonds (Pvt) Ltd
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
21 July 2015
Case Number
HC 2676 of 2015
Procedural Posture
Opposed Application for Registration of Arbitral Award / Judgment on Application for Registration and Amendment of Arbitral Award
Outcome
application granted by consent with amendment
Legal Topics
Registration of Arbitral Awards, Enforcement of Arbitral Awards, Damages in Lieu of Reinstatement, Costs of Suit
Source Language
English
Labour Law Arbitration Registration of Arbitral Awards Enforcement of Arbitral Awards Damages in Lieu of Reinstatement Costs of Suit

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Huggins Duri

Applicant

Mbada Diamonds (Pvt) Ltd

Respondent

Procedural Posture

Opposed Application for Registration of Arbitral Award / Judgment on Application for Registration and Amendment of Arbitral Award

Legal Issues

  1. 1 Whether the arbitral award should be registered as an order of the court for enforcement purposes
  2. 2 Whether the amount to be registered should reflect payments already made
  3. 3 Whether costs should be awarded to the applicant

Ratio Decidendi

Only the outstanding balance of the arbitral award, after accounting for payments made, should be registered for enforcement. Costs are awarded as consented by the parties.

Court Disposition

application granted by consent with amendment

Orders

  • The arbitral award dated 11 March 2015 by E. Nyamanhindi is registered as an order of the court.
  • The respondent shall pay the applicant US $33,902.30 as the outstanding balance.