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Labour Court
Tonderai Mutsago (Designated Agent) v National Association of Non-Governmental Organisations & Anor
JUDGMENT NO. LC/H/172/2021
Case Details
Court
Labour Court
Date
5 October 2021
Citation
JUDGMENT NO. LC/H/172/2021
Neutral Citation
[2021] ZWLC 172
Judgment No.
LC/H/172/2021
Outcome
unknown
Case Type
Application
Bench
Presiding
Kachambwa J
Full Bench
Kachambwa J
Areas of Law
Labour LawCivil Procedure
Keywords
ReinstatementStruck off the rollCondonationPractice Directive No.3 of 2013
Tags
ReinstatementStruck offPractice Directive
legislation
Statutes Cited
- Practice Directive No.3 of 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a fatally defective matter struck off the roll can be reinstated by correcting the defect, or whether the applicant must apply for condonation and file a fresh application","issue_type":"procedural","dispositive":"yes","related_facts":"Matter struck off due to defective affidavit; applicant corrected affidavit; applicant conceded correct procedure is condonation"}
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background
Facts of the Case
Background
The applicant sought to reinstate an application that was previously struck off the roll due to a defective affidavit. The first respondent opposed, arguing that a struck-off matter is a nullity and the correct procedure is to apply for condonation and file a fresh application. The applicant conceded this was the correct procedure, but the second respondent insisted on reinstatement.
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