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Labour Court
City of Harare v Dr Cainos Chingombe & 2 Others
[2021] ZWLC 44
Case Details
Court
Labour Court
Date
5 April 2021
Citation
[2021] ZWLC 44
Judgment No.
LC/H/44/2021
Outcome
unknown
Case Type
Application
Bench
Presiding
Kachambwa J
Full Bench
Kachambwa J
Areas of Law
Labour law procedureCourt rules complianceCondonation applications
Keywords
condonationlate filingapplication for leave to appealprocedural defectcomposite application
Tags
condonationlate filingprocedural compliancecourt rules
legislation
Statutes Cited
- Labour Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an application for condonation for late filing of an application for leave to appeal must be accompanied by the intended application for leave to appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to attach intended application; Labour Court Rules silent on requirement"}
- {"issue_text":"Whether a composite application for condonation and leave to appeal is procedurally permissible","issue_type":"procedural","dispositive":"yes","related_facts":"Founding affidavit addressed composite remedy; notice and draft order did not capture composite nature"}
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background
Facts of the Case
Background
The City of Harare applied for condonation for late filing of an application for leave to appeal to the Supreme Court. The respondents raised a point in limine arguing the application was improperly before the court as the applicant failed to file a copy of the intended application for leave to appeal and filed a composite application instead of separate applications.
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