Victoria Falls Municipality V S.C. Mutare N.O.. & Anor (HB 160 of 2016; HC 2356 of 2015) [2016] ZWBHC 160 (16 June 2016)

Victoria Falls Municipality V S.C. Mutare N.O.. & Anor (HB 160 of 2016; HC 2356 of 2015) [2016] ZWBHC 160 (16 June 2016)

An arbitrator who has determined a dispute on the merits is functus officio and cannot rescind the award; the proper remedy for a party absent at arbitration is to apply to the High Court to set aside the award under Article 34 of the Arbitration Act if proper notice was not given or the party was unable to present its case.

Citation
[2016] ZWBHC 160
Parties
Applicant: Victoria Falls Municipality; 1st Respondent: S. C. Mutare N.O.; 2nd 18th Respondents: Dickson Mukombwe and 16 others
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
16 June 2016
Case Number
HB 160 of 2016 ; HC 2356 of 2015
Procedural Posture
Opposed Application / Judgment on Application to Set Aside Arbitral Award
Outcome
arbitral award set aside; matter remitted for fresh arbitration; no order as to costs
Legal Topics
Arbitral Award, Default Judgment, Rescission, Jurisdiction of Arbitrator, Setting Aside Award
Source Language
English
Labour Law Arbitration Arbitral Award Default Judgment Rescission Jurisdiction of Arbitrator Setting Aside Award

Case Brief

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Parties

Victoria Falls Municipality

Applicant

S. C. Mutare N.O.

1st Respondent

Dickson Mukombwe and 16 others

2nd 18th Respondents

Procedural Posture

Opposed Application / Judgment on Application to Set Aside Arbitral Award

Legal Issues

  1. 1 Whether an arbitrator can grant and rescind a default judgment
  2. 2 Proper remedy for a party absent at arbitration
  3. 3 Jurisdiction of Labour Court and High Court in rescission of arbitral awards

Ratio Decidendi

An arbitrator who has determined a dispute on the merits is functus officio and cannot rescind the award; the proper remedy for a party absent at arbitration is to apply to the High Court to set aside the award under Article 34 of the Arbitration Act if proper notice was not given or the party was unable to present its case.

Court Disposition

arbitral award set aside; matter remitted for fresh arbitration; no order as to costs

Orders

  • The arbitral award issued by S. C. Mutare on 3 November 2014 is set aside.
  • The matter is remitted to the Labour Officer for appointment of another arbitrator.