Florence Tutai & 22 Others v Metro Peach & Browne Wholesalers

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT
NO LC/H/309/16
HELD AT HARARE 15 MARCH 2016
CASE NO
JUDGMENT NO LC/H/309/16
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IN THE LABOUR COURT OF ZIMBABWE			JUDGMENT NO LC/H/309/16

HELD AT HARARE 15 MARCH 2016				CASE NO LC/H/APP/1484/15

& 27 MAY 2016

In the matter between:

FLORENCE TUTAI & 22 OTHERS				Applicants

And

METRO PEACH & BROWNE WHOLESALERS			Respondent

Before The Honourable B S Chidziva, Judge

For Applicants 		Mr S N Muhambi

For Respondent		Mr M Mashavira

CHIDZIVA, J:

This is an application for rescission of the judgment that was entered in default by this court on 28 October 2015.  In this judgment the court dismissed the application for leave to appeal to the Supreme Court.

The applicants through their representative Mr Muhambi prayed for rescission of judgment indicating that they had not been in default on the day of the hearing.  He indicated that they were not served with the notice of set down for the said date.  He only learnt about this judgment on 1 December 2015 when he made up a follow up on the case.

The respondent has opposed this application indicating that the applicants were served with the notice of set down.

When I went through the file I did not find the Return of Service for the applicants. Only the respondent were served.

This court gives the applicants the benefit of doubt.

Accordingly it is ordered that

The application for rescission of judgment that was handed down on 28 October 2015 be and is hereby granted.

Each party shall bear own costs.