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Labour Court
Raphael Manomano v Chitungwiza Municipality and Mercy Dare N.O.
LC/H/119/23
Case Details
Court
Labour Court
Date
28 April 2023
Citation
LC/H/119/23
Neutral Citation
[2023] ZWLC 119
Outcome
unknown
Case Type
Application
Bench
Presiding
Makamure J
Full Bench
Makamure J
Areas of Law
Labour LawCivil Procedure
Keywords
functus officioleave to appealcertificate of settlements92F Labour Acts92C Labour Acts93 Labour Act
Tags
functus officioleave to appealcertificate of settlements92F Labour Act
legislation
Statutes Cited
- Labour Act
- Labour Act
- Labour Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has shown prospects of success on appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant sought alteration of judgment under s92C, court found it was functus officio"}
- {"issue_text":"Whether the intended appeal raises questions of law","issue_type":"procedural","dispositive":"no","related_facts":"Applicant referred to constitutional provisions and statutory sections"}
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background
Facts of the Case
Background
The applicant, a former employee of Chitungwiza Municipality, obtained a Certificate of Settlement for unpaid sums due to him. Despite this, the municipality failed to pay, leading to confirmation proceedings. The applicant later sought alteration of the confirmed order under s92C, which was dismissed on grounds of functus officio. He now seeks leave to appeal that dismissal.
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