Everyday Security (Pvt) Ltd v Luke Gwanzura

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/234/2014
HARARE, 2 APRIL 2014
CASE NO LC/CON/H/28/2014
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IN THE LABOUR COURT OF ZIMBABWE	  JUDGMENT NO LC/H/234/2014

HARARE, 2 APRIL 2014 &			 CASE NO LC/CON/H/28/2014

11 APRIL 2014

In the matter between

EVERYDAY SECURITY (PVT) LTD				APPLICANT

Versus

LUKE GWANZURA							RESPONDENT

Before The Honourable E Makamure J

For the Applicant		E T Muhlekiwa  (Legal Practitioner)

No Appearance for the Respondent

MAKAMURE J:

This was supposed to be an application for condonationof late noting of appeal. The applicant is represented but has not filed Heads of Argument. The Rules require a party who is represented to file Heads of Argument (Rule 19). No reasonable explanation has been proffered. The legal practitioners of record have sent a correspondent to appear.(Mr Muhlekiwa of Mahuni&Mutatu Attorneys at Law). Mr Laita is said to be attending to a matter at Marondera Magistrates’ Court. There is no proof that this is so. Further even if this was so the Labour Court is superior to the Magistrates’ Court and preference should always be given to the superior court where interests compete. The impression created in this matter is that Laita& Partners are not serious with the Court. There are other litigants out there waiting to appear before this Court.Their time should not be wasted by parties who do not take the court seriously. The respondent is not in attendance. Mr Muhlekiwa who appeared on behalf of Mr Laita came set to have the matter postponed. That cannot be allowed. The parties who appear should be serious instead of approaching the Court to simply, ask the Court to postpone the matter. So until such time as the parties are serious, there is no need to either postpone a matter or even have the matter be on the roll. Postponing any matter should be the exception rather than the rule. Matters are set down to be heard and not to be postponed. The message should be very clear to the parties. The matter will have to be struck off the roll to allow the applicant’s legal practitioners to show their seriousness in prosecuting the matter.

In view of the foregoing it is ordered the matter be and is hereby struck off the roll.

Mahuni&Mutatu Attorneys At Law, applicant’s legal practitioners