Halwick Investments (Private) Limited t/a Whelson Transport and Martin Mawire N.O v Samson Geti

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/208/23
HARARE, 4 JULY 2023 & 11 JULY
CASE NO LC/H/1187/22
In the matter between:-
HALWICK INVESTMENTS (PRIVATE) 1st
APPLICANT LIMITED t/a WHELSON TRANSPORT
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HARARE, 4 JULY 2023 & 11 JULY

In the matter between:-

HALWICK INVESTMENTS (PRIVATE) 1st
APPLICANT LIMITED t/a WHELSON TRANSPORT

MARTIN MAWIRE N.O

2nd APPLICANT

SAMSON GETI

RESPONDENT

Before the Honourable Kudya J

For the Applicants

T. Nyamayaro (Legal Practitioner)

For the Respondent
KUDYA, J:

O. Makanya (Unionist)

Halwick Investments (Pvt) Ltd the employer is seeking leave to appeal against the order which struck off its matter from the roll. Samson Geti the employee is opposed to the grant of the leave relief. Sadly Mr Geti has not complied with the rules of court by not filing heads of argument. He is thus barred in the matter. He however seeks from the bar that the bar operating against him be uplifted. He cites administration glitches as the excuse for his non compliance. The court allows him to present his argument albeit the bar not withstanding,

He says the leave application is ill founded as it seeks to appeal a striking off order. It is clear from Sec 92(F) Labour Court Act that the right to appeal is open to a party who is dissatisfied by an order on a point of law. A point of law is defined See **Sable Chemicals v Easterbrooke**. In the instant case the applicant is of the view that the striking off order was incompetent and that the conclusion on *lis pendens* by the court was not well founded. The accuracy or otherwise of the striking off order can only be adjudged by the Supreme Court so the court sees no reason why it can bar Halwick Investments (Pvt) Ltd from approaching the Supreme Court if it believed that the order was not properly made. It is settled that courts should lean in favour of granting leave unless if doing so would subvert the ends of justice. **Chikurunhe v ZBH SC-10-18**. In the case at hand justice would not be subverted if leave is granted against the background explained above. The application accordingly succeeds.

**IT IS ORDERED THAT**

Application for leave to appeal to the Supreme Court being merited it be and hereby succeeds. Each party to bear own costs.

*Wintertons. Applicant’s Legal Practitioners*
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