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Labour Court
Moses Sikwila v Chartered Institute of Management Accountants
[2020] ZWLC 62
Case Details
Court
Labour Court
Date
13 February 2020
Citation
[2020] ZWLC 62
Judgment No.
LC/H/62/2020
Outcome
unknown
Case Type
Application
Bench
Presiding
L. Hove
Full Bench
L. Hove
Areas of Law
Labour lawCivil procedure
Keywords
rescissiondefault ordermisdiarizationgross negligenceprospects of success
Tags
rescission of default ordergross negligencelegal practitioner error
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has shown good and sufficient cause for rescission of default order","issue_type":"procedural","dispositive":"yes","related_facts":"Lawyer misdiarized date, no supporting affidavit"}
- {"issue_text":"Whether explanation of lawyer's error amounts to gross negligence","issue_type":"procedural","dispositive":"no","related_facts":"Misdiarization of hearing date"}
- {"issue_text":"Whether applicant has shown prospects of success on condonation application","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to address prospects in papers"}
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background
Facts of the Case
Background
The applicant sought rescission of a default order granted against him on 30 May 2018 when he and his legal practitioner failed to appear for a hearing. The explanation given was that his lawyer had misdiarized the hearing date as 23rd instead of 21st May 2018. The court found this explanation unsatisfactory as there was no supporting affidavit from the legal practitioner and held that the negligence amounted to gross negligence bordering on wilfulness.
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