Pioneer Coaches (Pvt) Ltd v Collen Moyo N.O. & Joshua Chibuda & 31 Others

[2021] ZWLC 183

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Case Details

Court

Labour Court

Date

22 October 2021

Citation

[2021] ZWLC 183

Judgment No.

LC/H/183/2021

Outcome

unknown

Case Type

Application

Bench

Presiding

G. Musariri

Full Bench

G. Musariri

Areas of Law

Labour lawCivil procedure

Keywords

rescission of judgmenterroropposed applicationcase number error

Key Issues

{"issue_text":"Whether the court should rescind the order granted by Judge Hove on 28 April 2021","issue_type":"procedural","dispositive":"yes","related_facts":"Order stated matter unopposed; Applicant had filed opposing papers"}
{"issue_text":"Whether Applicant's application for rescission was an abuse of court process","issue_type":"procedural","dispositive":"no","related_facts":"Applicant filed Response to reinstated matter"}
{"issue_text":"Whether there were opposing papers before Judge Hove","issue_type":"procedural","dispositive":"no","related_facts":"Papers filed under incorrect case number"}

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background

Facts of the Case

Background

Applicant sought rescission of an order granted by Judge Hove on 28 April 2021 which stated that an application for condonation and reinstatement was unopposed. Applicant had in fact filed opposing papers, but due to a case number error (LC/H/LRA/25/20 instead of LC/H/LRA/25/90), the court mistakenly believed the matter was unopposed.

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