TOTAL ZIMBABWE (PRIVATE) LIMITED v CECILIA ZIKO

JUDGMENT NO. LC/H/128/21

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Case Details

Court

Labour Court

Date

14 July 2021

Citation

JUDGMENT NO. LC/H/128/21

Neutral Citation

[2021] ZWLC 128

Judgment No.

LC/H/128/21

Outcome

unknown

Case Type

Application

Bench

Presiding

Makamure J.

Full Bench

Makamure J.

Areas of Law

Labour LawCivil Procedure

Keywords

RescissionDefault judgmentWilful defaultBona fideProspects of success

Key Issues

{"issue_text":"Whether the applicant was in wilful default","issue_type":"fact","dispositive":"yes","related_facts":"Motor vehicle breakdown, failure to attend court"}
{"issue_text":"Whether the application is bona fide","issue_type":"law","dispositive":"yes","related_facts":"Prompt filing, explanation provided"}
{"issue_text":"Whether there are prospects of success on the merits","issue_type":"law","dispositive":"yes","related_facts":"Grounds for review in main matter"}

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background

Facts of the Case

Background

The applicant's legal practitioner failed to attend the hearing on 26 May 2021 due to a motor vehicle breakdown. A default judgment was granted against the applicant. The applicant immediately applied for rescission, explaining the breakdown and providing supporting affidavit from a mechanic. The respondent opposed, arguing the explanation was unreasonable and the application was not bona fide.

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