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Supreme Court

Cuthbert Elkanah Dube v Premier Service Medical Aid Society (2) Premier Service Medical Investments

[2019] ZWSC 73

Case Details

Court
Supreme Court
Date
19 September 2019
Citation
[2019] ZWSC 73
Judgment No.
SC 73/19
Outcome
unknown
Case Type
Application

Bench

Presiding
GARWE JA
Full Bench
GARWE JA
Areas of Law
Labour LawCivil Procedure
Keywords
condonationextension of timepractice directivecorporate authoritynullity
Tags
condonationpractice directiveauthority to representcorporate representation
legislation
Statutes Cited
  • Medical Services Act
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether paragraph 5 of Practice Directive 3/13 precludes application for condonation and extension of time","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed one day after 30-day period"}
  • {"issue_text":"Whether deponent required board resolution to represent respondents","issue_type":"procedural","dispositive":"yes","related_facts":"Deponent claimed to be chairperson but produced no resolution"}
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background
Facts of the Case

Background

Applicant, former CEO of first respondent, sought condonation and extension of time to appeal Labour Court judgment. Appeal had been struck off roll on 2019-03-14 for non-compliance with rules. Application filed one day late per Practice Directive 3/13. Respondents opposed on basis of Practice Directive and lack of authority of deponent.
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