FAWCETT SECURITY OPERATIONS (PVT) LTD v MARK MUROMBEDZI

JUDGMENT NO. LC/H/653/16

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Case Details

Court

Labour Court

Date

14 September 2016

Citation

JUDGMENT NO. LC/H/653/16

Neutral Citation

[2016] ZWLC 653

Judgment No.

LC/H/653/16

Outcome

unknown

Case Type

Application

Bench

Presiding

HONOURABLE MR. JUSTICE L.M. MURASI

Author

MURASI J.

Full Bench

HONOURABLE MR. JUSTICE L.M. MURASI

Areas of Law

Labour lawCivil procedure

Keywords

Default judgmentRescissionPeremptionGood and sufficient causeBona fides

Key Issues

{"issue_text":"Whether applicant has shown 'good and sufficient cause' for rescission of default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Non-attendance due to administrative problems at advocates' chambers"}
{"issue_text":"Whether the application for rescission is bona fide and not made merely to delay","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's persistent follow-up on the matter and previous successful rescission applications"}
{"issue_text":"Whether applicant has prospects of success in the main appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Payment of full amount by applicant and peremption principle"}

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background

Facts of the Case

Background

This is an application for rescission of a default judgment issued on 12 February 2016. Both parties failed to attend the hearing, with the respondent having not received notice. The applicant had been served through its erstwhile legal practitioners but failed to attend due to administrative problems at the advocates' chambers where the briefed counsel did not receive the court documents.

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