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Labour Court
Jucha Mwanza & 21 Others v Freda Rebecca Mine
[2013] ZWLC 148
Case Details
Court
Labour Court
Date
17 April 2013
Citation
[2013] ZWLC 148
Judgment No.
LC/H/148/2013
Outcome
unknown
Case Type
Application
Bench
Presiding
E. Makamure
Full Bench
E. Makamure
Areas of Law
Labour lawCivil procedure
Keywords
rescissiondefault judgmentchambersunopposed matterprocedural error
Tags
rescission of judgmentdefault judgmentprocedural irregularity
legislation
Statutes Cited
- None. No statute or statutory provision is quoted, interpreted or applied.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the default judgment granted in chambers should be rescinded","issue_type":"procedural","dispositive":"yes","related_facts":"Opposition papers timeously served but not on record"}
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background
Facts of the Case
Background
The applicants sought rescission of a default judgment granted in chambers on 5 August 2011. The judgment was granted as an unopposed matter despite the applicants having timeously served opposition papers on the respondent, which were not on record. The court found the judgment was granted in error and the applicant was not in wilful default.
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