Shepherd Chipunza v Hammer & Tongues Auctioneers (Private) Limited

[2020] ZWLC 115

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Case Details

Court

Labour Court

Date

4 March 2020

Citation

[2020] ZWLC 115

Judgment No.

LC/H/115/2020

Outcome

unknown

Case Type

Application

Bench

Presiding

Kachambwa J

Full Bench

Kachambwa J

Areas of Law

Labour lawCivil procedure

Keywords

rescissionstay of executionregistration of awardjurisdictional conflict

Key Issues

{"issue_text":"Whether a stay of execution granted by the Labour Court is void where the award has already been registered with another court","issue_type":"procedural","dispositive":"yes","related_facts":"Registration of award with magistrates' court; subsequent grant of stay"}

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Facts of the Case

Background

The applicant had a labour arbitration award in his favour which he registered with the magistrates' court for execution. The respondent appealed to the Labour Court and later applied for a stay of execution, which was granted. The applicant sought rescission of the stay order, arguing it was void because the award had already been registered with another court.

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