Betram Brothers V Davison Chiroro

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/758/2016
HARARE, 8 JUNE 2016 &
CASE NO LC/H/803/2014
2 DECEMBER 2016
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IN THE LABOUR COURT OF ZIMBABWE	         JUDGMENT NO LC/H/758/2016

HARARE, 8 JUNE 2016 &					         CASE NO LC/H/803/2014

2 DECEMBER 2016

In the matter between

BETRAM BROTHERS						APPELLANT

Versus

DAVISON CHIRORO						RESPONDENT

Before the Honourable Kudya J

(IN CHAMBERS)

KUDYA J:

This matter was set down as an appeal to be heard on 8 June 2016. On that date the court observed that there was no notice of response on file. It was agreed between the parties that the matter be postponed sine die to allow for the filing of the notice of response. On 28 June 2016 the response was filed but the matter did not progress any further thereafter. The impression created by the lack of prosecution of the matter to its conclusion is that the matter was abandoned. That has prompted this court to dispose of the matter on the papers as empowered by section 89 (2) (a) (i) of the Labour Act.

The papers filed of record show that indeed the status of the representatives of the appellant is not clear as she does not seem to fit in within the definition of who can represent a party in the Labour Court as per section 90 of the Labour Act. Further to that the record is replete with evidence that the award complained about was awarded in default. The law is clear that a default award is not appealable. On the strength of the above points the court is persuaded that the matter is improperly before it. It should be struck off the roll.

IT IS ORDERED THAT

The appeal being bad at law on account of it not being compliant with the rule of court it be and is hereby struck off the roll with costs.

Maposa, Ndomene, Maramba, appellant’s legal practitioners

Mubangwa & Partners, respondent’s legal practitioners