Zimbabwe National Network of People Living with HIV (ZNNP+) v Muchanyara Mukamuri & Anor

JUDGMENT NO. LC/H/114/25

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Case Details

Court

Labour Court

Date

13 March 2025

Citation

JUDGMENT NO. LC/H/114/25

Neutral Citation

[2025] ZWLC 114

Judgment No.

LC/H/114/25

Outcome

unknown

Case Type

Application for leave to appeal

Bench

Presiding

Mr. Justice L.M. Murasi

Author

L.M. Murasi

Full Bench

L.M. Murasi

Areas of Law

Labour lawCivil procedure

Keywords

Dies induciaeNotice of AppealElectronic filingCondonation

Key Issues

{"issue_text":"Whether the application for leave to appeal was filed out of time without condonation","issue_type":"procedural","dispositive":"yes","related_facts":"Filing date 24 January 2025 vs. dies induciae lapse 23 January 2025"}
{"issue_text":"Whether the draft Notice of Appeal was fatally defective for lacking a substitutive prayer","issue_type":"procedural","dispositive":"yes","related_facts":"Notice of Appeal wording and structure"}
{"issue_text":"Whether the Answering Affidavit should be expunged from the record","issue_type":"procedural","dispositive":"no (conceded)","related_facts":"Filing of affidavit not provided for in Rules"}

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background

Facts of the Case

Background

The applicant filed an application for leave to appeal to the Supreme Court on 24 January 2025 at 10:41 hours, one day after the dies induciae lapsed on 23 January 2025. The first respondent raised three points in limine challenging the timeliness of the filing, the improper inclusion of an Answering Affidavit, and the defective nature of the draft Notice of Appeal which lacked a proper substitutive prayer.

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