Joshua Muhera v Innsor Africa

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT
NO LC/H/477/16
HELD AT HARARE 26 JULY 2015
CASE NO
JUDGMENT NO LC/H/477/16
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IN THE LABOUR COURT OF ZIMBABWE			JUDGMENT NO LC/H/477/16

HELD AT HARARE 26 JULY 2015				CASE NO LC/H/APP/1420/15

& 5 AUGUST 2016

In the matter between:

JOSHUA MUHERA					Applicant

And

INNSCOR AFRICA					Respondent

Before The Honourable Chivizhe, J

For Applicant		W Gumbura (Trade Unionist)

For Respondent		Mrs T Manjonjo (Legal Practitioner)

CHIVIZHE J:

This is an application for leave to appeal to the Supreme Court.  The judgment sought to be appealed against was handed down on the 30th of October,2015.

After listening to arguments and upon consideration of the papers in the record I am

satisfied  that the application for leave to appeal ought to be dismissed.

My reasons are basically as follows:

Firstly, the Applicant has failed to comply with the accepted practice that in an

application for leave to appeal an Applicant must attach the proposed Notice of Appeal

setting out the grounds on which he/she proposes to appeal.  There are two main

reasons why this is important.  The court must be able to satisfy itself that the

proposed appeal complies with Section 92 F of the Labour Act [Cap 28:01] and points

of law arise therein.  Secondly the court must also determine that the grounds so raised enjoy good prospects of success on appeal.

I am not satisfied having regard to the papers placed before me that Applicant has

complied with the requirement.  The omission by the appellant to attach a draft of notice of appeal and the grounds thereof is itself a fatal defect. For this reason alone the application for leave to appeal ought to be struck off.

Secondly, in the event however that I am wrong and the application is properly

before me, it is in my view, in any event with regard to the merits of the application

that another court is unlikely to come to a different conclusion to the one reached by

this court.  For these reasons therefore I hand down the following order.

The application for leave to appeal is hereby dismissed with no order as to costs.

Lunga Gonese Attorneys, respondent’s legal practitioners