Rainbow Tourism Group (Private) Limited v Alec Gube

Judgment No. SC 73/18, Civil Application No. SC 737/16

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Case Details

Court

Supreme Court

Date

15 November 2018

Citation

Judgment No. SC 73/18, Civil Application No. SC 737/16

Neutral Citation

[2018] ZWSC 73

Judgment No.

SC 73/18

Outcome

unknown

Case Type

Application

Bench

Presiding

BHUNU JA

Full Bench

BHUNU JA

Areas of Law

Labour lawCivil procedure

Keywords

Leave to appealCondonationExtension of timeLabour CourtProcedural irregularities

Key Issues

{"issue_text":"Whether the application is properly before the Court given the discrepancy between its title and designation in the founding affidavit","issue_type":"procedural","dispositive":"yes","related_facts":"Application title vs founding affidavit designation"}
{"issue_text":"Whether the record of proceedings is complete for determination of the application","issue_type":"procedural","dispositive":"yes","related_facts":"Missing record of proceedings from court a quo"}
{"issue_text":"Whether the application can succeed despite procedural irregularities under the Banda v Dalny Mine principle","issue_type":"procedural","dispositive":"no","related_facts":"Serious procedural irregularities in application"}

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background

Facts of the Case

Background

Applicant sought leave to appeal against Labour Court review judgment but withdrew application due to procedural defects. Subsequently filed chamber application for extension of time and condonation, but application was improperly designated and fatally defective.

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