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Labour Court

Ministry of Education, Sport, Art & Culture v Tonderai Kutiva

[2013] ZWLC 146

Case Details

Court
Labour Court
Date
18 March 2013
Citation
[2013] ZWLC 146
Judgment No.
LC/146/13
Outcome
unknown
Case Type
Application

Bench

Presiding
G Musariri
Full Bench
G Musariri
Areas of Law
Labour lawCivil procedure
Keywords
default judgmentrescissionres judicatafunctus officio
Tags
rescission of judgmentdefault judgmentLabour Court Rules
legislation
Statutes Cited
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ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant is entitled to rescission of the default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to file response under Rule 15; applicant was represented at time of judgment; no good cause shown"}
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background
Facts of the Case

Background

On 5 July 2012, a default judgment was entered against the applicant for failure to file a response in terms of Rule 15 of the Labour Court Rules. The applicant, represented at the time, failed to show good cause for the failure. On 14 November 2012, the applicant filed an application for rescission of that default judgment, which the respondent opposed.
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