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Labour Court
Hebert Maunga v Sakunda Logistics
[2014] ZWLC 677
Case Details
Court
Labour Court
Date
10 October 2014
Citation
[2014] ZWLC 677
Judgment No.
LC/H/677/14
Outcome
unknown
Case Type
Application
Bench
Presiding
L.K. Kudya J
Full Bench
L.K. Kudya J
Areas of Law
Labour lawCivil procedure
Keywords
consent judgmentstay of executionrescissiondefault judgmentunfair dismissal
Tags
stay of executionrescission of judgmentconsent judgment
legislation
Statutes Cited
- No statute, statutory instrument or regulation was referenced.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a party can resile from a consent judgment obtained without their instructions","issue_type":"procedural","dispositive":"yes","related_facts":"Lawyers consented without instructions"}
- {"issue_text":"Whether the stay of execution should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Arguable merits on unfair dismissal"}
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background
Facts of the Case
Background
The applicant employer sought to stay execution and rescind a consent judgment obtained against it in a labour dispute where the respondent employee had been dismissed. The applicant's former lawyers admitted they consented to judgment without instructions, claiming legal costs exceeded the claim value.
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