Tana My Son Logistics v Langton Chikukutu & 3 Ors

[2020] ZWLC 75

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Case Details

Court

Labour Court

Date

13 March 2020

Citation

[2020] ZWLC 75

Judgment No.

LC/H/75/20

Outcome

unknown

Case Type

Application

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Labour lawCivil procedure

Keywords

rescissiondefault orderwilful defaultheads of argumentarbitration award

Key Issues

{"issue_text":"Whether applicant was in wilful default when it failed to appear at 09:00 hours hearing","issue_type":"factual","dispositive":"no","related_facts":"Applicant attended at 11:00 hours having been told hearing was at 11:00 hours"}
{"issue_text":"Whether applicant has good prospects of success in application for upliftment of bar and condonation for late filing of heads of argument","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's bare averment that failure was due to misfiling and reasonable oversight"}

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background

Facts of the Case

Background

The applicant sought rescission of a default order granted against it when it failed to appear at a hearing scheduled for 09:00 hours on 26 January 2018, having been incorrectly informed by its legal representative that the hearing was at 11:00 hours. The application was dismissed as the applicant failed to demonstrate good prospects of success in the main matter concerning upliftment of a bar for non-filing of heads of argument.

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