Daniel Whami v Zimbabwe Motor Investments Group of Companies t/a Clover Leaf Motors

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/68/2023
HARARE, 22 FEBRUARY 2023 &
2 MARCH 2023
In the matter between: -
DANIEL WHAMI
APPELLANT
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IN THE LABOUR COURT OF ZIMBABWE

JUDGMENT NO LC/H/68/2023

HARARE, 22 FEBRUARY 2023 & 2 MARCH 2023

CASE NO LC/H/1156/22

In the matter between: -

DANIEL WHAMI

APPELLANT

ZIMBABWE MOTOR INVESTMENTS GROUP OF COMPANIES T/A CLOVER LEAF MOTORS

RESPONDENT

Before the Honourable Kudya J

For the Appellant K. Chirenje (Unionist)

For the Respondent T. Makoni (Legal Practitioner)

KUDYA, J:

At the onset of the appeal the respondent raised points in limine. In response to the same appellant indicated to the court that he had preliminary points to raise before he could respond to the points by the respondent. In that regard the court allowed that the appellant addresses it first on the points that it has. The appellant took 3 points in that the form used did not bear the inscription LC 2, that the response and the Heads of Argument are out of time by about 2 months. The respondent conceded the omissions but sought the court’s indulgence through an oral application for condonation for those omissions.

Sadly, the condonation application did not put the court in the confidence of why the rules were flaunted. All that the respondent stated that it is aware that it flaunted the rules. It is settled that condonation is not for the mere asking but that the default party has to satisfactorily explain its default and the prospects of its case.

This did not happen in the case at hand. It is the cumulative effect of the excuse given and the prospects that guide the court on whether or not to grant the condonation sought. That has not happened in the case at hand. To that extent the indulgence sought is refuted.


IT IS ORDERED THAT

The oral application for condonation vis late Heads of Arguments, late response and use of improper form being well founded it be and is hereby dismissed. Consequently, the appeal be and is hereby allowed in default of the court rules.

Messrs Sawyer & Mkushi, Respondent’s Legal Practitioners
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