Gilfern Moyo v Allied Timbers Zimbabwe

[2016] ZWLC 573

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Case Details

Court

Labour Court

Date

23 September 2016

Citation

[2016] ZWLC 573

Judgment No.

LC/H/573/2016

Outcome

unknown

Case Type

Application

Bench

Presiding

F C Maxwell J

Full Bench

F C Maxwell J

Areas of Law

Labour lawCivil procedure

Keywords

condonationlate noting of appealdefective founding affidavithearsay evidencepower of attorney

Key Issues

{"issue_text":"Whether an application for condonation can introduce new issues in heads of argument that were not addressed in the founding affidavit","issue_type":"procedural","dispositive":"yes","related_facts":"Founding affidavit did not address explanation for delay or prospects of success"}
{"issue_text":"Whether a deponent who did not personally witness proceedings can swear positively to those facts in a founding affidavit","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's wife deposed to facts about disciplinary hearing she did not attend"}

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background

Facts of the Case

Background

The applicant sought condonation for late noting of an appeal against his employer. The application was brought by the applicant's wife through a power of attorney, but the founding affidavit contained hearsay evidence about disciplinary proceedings that the deponent could not personally attest to.

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