Misheck Shoko v Chitungwiza Municipality & Anor

[2013] ZWLC 604

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Case Details

Court

Labour Court

Date

8 November 2013

Citation

[2013] ZWLC 604

Judgment No.

LC/H/604/2013

Outcome

unknown

Case Type

Application

Bench

Presiding

P. Muzofa

Full Bench

P. Muzofa

Areas of Law

Labour lawCivil procedure

Keywords

rescissionjudgmentmistakepatent errorfunctus officiores judicata

Key Issues

{"issue_text":"Whether the application for rescission is properly before the Court","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant did not specify under which subsection of section 92C the application was brought"}
{"issue_text":"Whether there was a mistake common to the parties","issue_type":"mixed","dispositive":"no","related_facts":"Applicant claimed court dealt with matter not before it"}
{"issue_text":"Whether there was a patent error requiring correction","issue_type":"mixed","dispositive":"no","related_facts":"Applicant claimed court made error in its ruling"}
{"issue_text":"Whether the court is functus officio by reason of res judicata","issue_type":"law","dispositive":"yes","related_facts":"Previous judgment was final and definitive"}

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background

Facts of the Case

Background

The applicant sought rescission of a judgment dismissing his application for nullification of indefinite suspension, claiming the court dealt with a matter not before it. The court had dismissed the original application for being improperly before it, and the applicant sought rescission based on mistake common to parties and patent error.

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