Bobby Dube & 8 Ors v TM Supermarkets (Private) Limited

[2022] ZWSC 117

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Case Details

Court

Supreme Court

Date

5 October 2022

Citation

[2022] ZWSC 117

Judgment No.

SC 117/22

Outcome

unknown

Case Type

Application

Bench

Presiding

Mathonzi JA

Full Bench

Mathonzi JA

Areas of Law

Civil ProcedureLabour Law

Keywords

Rule 70(2)Appeal reinstatementWant of prosecutionSingle judge jurisdiction

Key Issues

{"issue_text":"Whether an application for reinstatement under Rule 70(2) can be brought where appeal was dismissed by court order rather than deemed dismissed by Registrar","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal dismissed by court for want of prosecution, no Registrar notification issued"}
{"issue_text":"Whether a single Judge sitting in chambers can set aside a decision of the full court","issue_type":"procedural","dispositive":"yes","related_facts":"Application brought before single judge to reinstate appeal dismissed by full court"}

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Facts of the Case

Background

Nine employees appealed against a Labour Court decision that they had no legitimate expectation of reemployment. Their appeal was dismissed for want of prosecution when their counsel failed to appear. They then applied for reinstatement under Rule 70(2), which the court found incompetent.

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