Edith Musapatika v Plus Five Pharmaceuticals (Pvt) Ltd

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/659/2013
HARARE, 20 NOVEMBER 2013
CASE NO.
JUDGMENT NO. LC/659/2013
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IN THE LABOUR COURT OF ZIMBABWE	                JUDGMENT NO. LC/H/659/2013

HARARE, 20 NOVEMBER 2013	    		              CASE NO. LC/H/171/2013

AND 06 DECEMBER 2013

In the matter between:-

EDITH MUSAPATIKA						Applicant

And

PLUS FIVE PHARMACEUTICALS (PVT) LTD			Respondent

Before The Honourable F.C. Maxwell,: Judge

(IN CHAMBERS)

MAXWELL J.;

This is an application for condonation of late filing of Heads of Argument.  The facts outlined by Wilson Chivaura reveal that Applicant received Respondent’s Heads of Argument on 12 June 2013.  Those Heads of Argument were inadvertently misfiled and were only “discovered” on 5 July 2013.  Applicant”s Heads of Argument were filed with this Court on the same day, that is, 5 July 2013 and were served on the Respondent on 8 July 2013.

Applicant has not availed information about the prospects of success in the main matter.  I believe the approach adopted was because Respondent is not opposed to the application.  Applicant is however reminded that as stated by Ziyambi JA in Payl Gary Friendship v Cargo carries Ltd & Anor SC 1/13

“Condonation is an indulgence which may be granted at the discretion of the Court.  It is not a right obtainable on demand”.

The Court’s discretion is not dependent on the consent or lack thereof of the other party.   As such an applicant must avail all the facts that will assist the Court in exercising its discretion.

In this case however the Respondent has indicated a desire to have the appeal determined on the merits.  I am therefore inclined to grant the application.

Wherefore it is ordered that

The late filing of Heads of Argument by the Applicant be and is hereby condoned with no order as to costs.