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Harare High Court

Jefferson Banda and Christine Mupatsi and Gilbert Karikuimba and Michael Rupanga and Joseph Takavingofa and Bridgette Dulani and Michael Gezi and Jacky Hetya and Langton Nyeve and Conrad Muzvura versus Walter Takanhike and Moses Gwaunza and Kwadzanayi Chikazhe and Upenu Chitumba and Adam Nhamo and Stemble Chikumba and Cephas Ranganai and Alice Mhanga and Amon Mutengu and Fabion Chidzudzu and Jou Chiteure and Joseph Ruzani and Jemias Chindiya and Rejoice Dhave and Daniel Phiri and Elliot Huvadze and Effort Munyanyi and Fortunate Takaidza and Muchena Caroline and Efias Chihlengwe and Caroline Muridzeri and Jimmy Chatima and Nyasha Ncube and Cumpas Matambura and Trymore Chidende and Martin Gwatidzo and Perpetual Mashiri and Sikhumbudzo Gumbi and Cecilia Chipemba and Edson Tidigu and Sikhumbudzo Nduna and Herbert Mpofu and Elliot Bvundukai and Nyasha Kachikawo and Cain Ncube and Kelvin Chidzikwe and Joel Muranda and Christopher Hapamire and Lesly Munyanyi and Raymond Mutunhira and Lancelot Shumba and Jacob Homwe and Mavis Katuruza and Jonah Mushonga and Nkululeko Tshuma and Thokozani Ncube and Richard Chiwire and Commercial Workers Union of Zimbabwe

HH 875-22

Case Details

Court
Harare High Court
Date
7 December 2022
Citation
HH 875-22
Neutral Citation
[2022] ZWHH 875
Outcome
unknown
Case Type
Application

Bench

Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Civil ProcedureTrade Union Law
Keywords
condonationrescissiondefault judgmentCommercial Workers Unionabuse of court process
Tags
trade uniondefault judgmentrescissioncondonation
legislation
Statutes Cited
  • High Court Rules, 2021
  • High Court Rules, 2021
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicants are entitled to condonation for late filing of rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Delay of over two months; failure to explain delay; dishonesty in previous proceedings"}
  • {"issue_text":"Whether the composite application for condonation and rescission is properly before the court","issue_type":"procedural","dispositive":"no","related_facts":"Application combines condonation and rescission relief"}
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background
Facts of the Case

Background

The applicants, who are members of the Commercial Workers Union of Zimbabwe, sought condonation for late filing of a rescission application against a default judgment. The judgment was entered after they failed to file a proper notice of appearance to defend within the prescribed time limits and did not uplift the bar that operated against them.
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