ARBITRATION

The resolution of boundary disputes in Zimbabwe using arbitration

Do you know that section 18(7) of the Land Survey Act [Chapter 20:12] provides for arbitration as a mechanism for the resolution of boundary disputes in Zimbabwe? This was recently confirmed by the High Court of Zimbabwe in Exquisite Marketing (Pvt) Ltd v Matewa & Others HH 317-23.

Resultantly, the Surveyor – General has discretion to appoint an arbitrator or a panel of arbitrators in connection with any disputes with regards to any boundary or beacon of contiguous pieces of land. Thus, parties considering resolving boundary disputes in Zimbabwe using arbitration are able to rely on the recommended texts on arbitration in Zimbabwe:

  • (a) Davison Kanokanga, Commercial Arbitration in Zimbabwe (Juta & Co, Cape Town, 2020);
  • (b) Davison Kanokanga & Prince Kanokanga, UNCITRAL Model Law on International Commercial Arbitration: A Commentary on the Zimbabwean Arbitration Act [Chapter 7:15] (Juta & Co, Cape Town, 2022)

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