George Madzivanyika v Delta Beverages (Private) Limited

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/69/2022
HARARE, 28 FEBRUARY 2022 &
11 MARCH 2022
CASE NO LC/H/175/21
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IN THE LABOUR COURT OF ZIMBABWE	   JUDGMENT NO LC/H/69/2022

HARARE, 28 FEBRUARY  2022 &		   CASE NO LC/H/175/21

11 MARCH 2022

In the matter between:-

GEORGE MADZIVANYIKA				APPELLANT

AND

DELTA BEVERAGES (PRIVATE) LIMITED		RESPONDENT

Before the Honourable Kudya J

For the Appellant		Mr M. Mugomeza (Legal Practitioner)

For the Respondent		Mr F. Mahere  (Legal Practitioner)

KUDYA, J:

At the onset of this appeal the respondent took the point that the prayer by applicant was improperly worded to the extent that it rendered the appeal a nullity.  It is only this point which is addressed by this judgment.

Appellant concedes that he worded his relief improperly but states that such is not a ground for nullifying the appeal. He says the relief can be amended.  He cites to that end the case of Oozing Mine Syndicate v Tamuzi.Mining Syndicate HC-H-609-20.

It is settled law that a nullity can not be amended See Mcfoy v United Africa Company 1961(3) AllER 1169 See also John v Delta Beverages SC-40-17 in particular reference to defective notice of appeal. In the case at hand it is clear that the bedrock of the matter which is the prayer is wanting and as stated above cannot be amended. 	 The position is fortified by the cases cited by respondent that is Olivine Industry v Gwekwerere  SC-63-05 and ZIMRA  v Chaduma  SC-33-20.  In conclusion the court is satisfied that the point in limine is merited and should succeed.

IT IS ORDERED THAT

Point in limine being merited it be and hereby succeeds.  The appeal is consequently struck off the roll with costs.

Chinawa Law Chambers -  Appellant’s Legal Practitioners

Gill, Godlonton and Gerrans -  Respondent’s Legal Practitioners