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Supreme Court

Tendai Bonde v National Foods Limited & 2 Ors

SC 91/22

Case Details

Court
Supreme Court
Date
15 August 2022
Citation
SC 91/22
Neutral Citation
[2022] ZWSC 91
Outcome
unknown
Case Type
Application

Bench

Presiding
Makoni JA
Full Bench
Makoni JA
Areas of Law
Labour lawCivil procedure
Keywords
condonationextension of timeleave to appealLabour ActSupreme Court Rules
Tags
condonationextension of timeleave to appealchamber application
legislation
Statutes Cited
  • Labour Act [Chapter 28:01]
  • Supreme Court Rules, 2018
  • Rule 60(2): "An appeal from a decision of the Labour Court in terms of section 92F of the Labour Act … shall be delivered … within 15 days from the grant of leave to appeal by the Labour Court or, where such leave is refused, within 15 days from the grant of leave by a judge: Provided that where leave to appeal is refused by the Labour Court, the applicant shall apply for leave to appeal to a judge within ten days of the refusal to grant leave."
  • Rule 61 heading: "Applications for extension of time to appeal" – condonation available only where time for noting appeal (after leave) has expired.
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether application for condonation and extension of time properly predicated on rr 60(2) and 61","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant never obtained leave to appeal; application is seventh attempt"}
  • {"issue_text":"Whether applicant should pay costs on higher scale","issue_type":"procedural","dispositive":"no","related_facts":"Multiple defective applications filed despite guidance"}
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background
Facts of the Case

Background

The applicant, a former laboratory technician dismissed for misconduct, repeatedly approached the Supreme Court seeking condonation and extension of time to appeal Labour Court decisions. This seventh application was found to be predicated on the wrong procedural rules.
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