Zimbabwe Platinum Mines (Private) Limited v Forget Chireshe

JUDGMENT NO. LC/H/273/2016

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Case Details

Court

Labour Court

Date

15 March 2016

Citation

JUDGMENT NO. LC/H/273/2016

Neutral Citation

[2016] ZWLC 273

Judgment No.

LC/H/273/2016

Outcome

unknown

Case Type

Application

Bench

Presiding

L.M. Murasi

Full Bench

L.M. Murasi

Areas of Law

Labour LawCivil Procedure

Keywords

RescissionDefault judgmentBarFunctus officioPostponement

Key Issues

{"issue_text":"Whether an application for rescission of judgment can be properly filed while the applicant remains barred for non-compliance with court rules","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant was barred after Court rejected explanation for late filing; applicant filed rescission application while bar still existed"}
{"issue_text":"Whether the Court was functus officio after refusing to uplift the bar","issue_type":"procedural","dispositive":"yes","related_facts":"Court refused to condone late filing and declined to uplift bar"}

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background

Facts of the Case

Background

The applicant applied for rescission of a default judgment granted in favor of the respondent. The respondent raised a preliminary point arguing the application was improper as the applicant remained barred for failing to file a response on time, and the Court had already refused to condone the delay. The Court had previously granted an order allowing the respondent's appeal.

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