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Labour Court
Kenya Airways PLC v Cleopatra Nazare
[2023] ZWLC 218
Case Details
Court
Labour Court
Date
18 July 2023
Citation
[2023] ZWLC 218
Judgment No.
LC/H/218/2023
Outcome
unknown
Case Type
Application
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Labour lawCivil procedureRescission of judgment
Keywords
rescission applicationdefault judgmentpoints in limineleave to appealtechnical objections
Tags
rescission of judgmentdefault judgmentpoints in limineleave to appeal
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant should have used practice direction 3 instead of appealing","issue_type":"procedural","dispositive":"no","related_facts":"Rescission application struck off on points in limine"}
- {"issue_text":"Whether applicant is barred for failing to file heads of argument on time without condonation","issue_type":"procedural","dispositive":"no","related_facts":"Heads filed out of time, no condonation sought"}
- {"issue_text":"Whether any point of law is raised by the intended appeal grounds","issue_type":"law","dispositive":"yes","related_facts":"All issues relate to factual findings on points in limine"}
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background
Facts of the Case
Background
The employer obtained a default judgment against the employee. The employer later applied for rescission of the default judgment, but the application was struck off the roll on points in limine raised by the employee. The employer now seeks leave to appeal the striking off order.
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