Merchant Bank of Central Africa v Michael Manzini and Others

JUDGMENT NO. LC/H/32/22

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Case Details

Court

Labour Court

Date

2 February 2022

Citation

JUDGMENT NO. LC/H/32/22

Neutral Citation

[2022] ZWLC 32

Judgment No.

LC/H/32/22

Outcome

unknown

Case Type

Review

Bench

Presiding

Makamure J.

Full Bench

Makamure J.

Areas of Law

Labour LawCivil ProcedureArbitration

Keywords

ReviewArbitral AwardHeads of ArgumentDefault JudgmentProcedural Non-compliance

Key Issues

{"issue_text":"Whether the respondents should be granted upliftment of the bar for failure to file heads of argument in terms of Rule 26(3) and (4)","issue_type":"procedural","dispositive":"yes","related_facts":"Respondents' failure to file heads of argument, application based on wrong rule"}
{"issue_text":"Whether the arbitral award should be set aside following default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Default judgment entered for failure to comply with procedural rules"}

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Facts of the Case

Background

This is an application for review of the quantification of an arbitral award made in favour of the respondents. The award was made on 10 November 2017 although the dispute between the parties dates back to 2011. The respondents failed to file heads of argument as required by Rule 26(3) and (4) of the Labour Court Rules and made an oral application for upliftment of the bar.

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