FBC Bank Limited v Kudzai Kwangwari & Anor (Registrar of the Labour Court)

Key Issues

• {"issue_text":"Whether there is a valid application before the court","issue_type":"procedural","dispositive":"no","related_facts":"Relief sought in intended appeal seeks granting of rescission which court a quo could not have granted"}
• {"issue_text":"Whether applicant has locus standi","issue_type":"procedural","dispositive":"no","related_facts":"Applicant cited as FBC Building Society in default judgment but is FBC Bank Limited"}
• {"issue_text":"Whether application for leave to appeal against unterminated proceedings can be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Application for rescission not determined on merits by court a quo"}
• {"issue_text":"Whether intended grounds of appeal are on questions of law","issue_type":"law","dispositive":"no","related_facts":"Applicant argues court a quo erred in applying fault test and holding composite application required"}
• {"issue_text":"Whether intended appeal has prospects of success","issue_type":"mixed","dispositive":"no","related_facts":"Court a quo decision not clearly wrong and applicant can re-apply for rescission"}

Background