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Labour Court
Sino Zim Development (Pvt) Ltd v Tinashe Chaparadza
[2016] ZWLC 476
Case Details
Court
Labour Court
Date
9 September 2016
Citation
[2016] ZWLC 476
Judgment No.
LC/H/476/16
Outcome
unknown
Case Type
Application
Bench
Presiding
Maxwell J
Areas of Law
Labour lawCivil procedure
Keywords
rescissiondefault judgmentprayerfounding affidavitheads of argument
Tags
rescission of judgmentprocedural defectpoint in limine
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an application can proceed where the founding affidavit lacks a prayer for relief but the prayer appears in heads of argument","issue_type":"procedural","dispositive":"yes","related_facts":"Founding affidavit had no prayer; prayer appeared in heads of argument"}
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background
Facts of the Case
Background
The applicant sought rescission of a default judgment issued on 18 November 2015. The respondent raised a point in limine arguing that the founding affidavit lacked a prayer for relief, with the prayer only appearing in heads of argument filed on 27 June 2016.
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