TWENTY THIRD CENTURY SYSTEMS v NEWTON MADZIKWA

JUDGEMENT NO. LC/H/740/13

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Case Details

Court

Labour Court

Date

12 November 2013

Citation

JUDGEMENT NO. LC/H/740/13

Neutral Citation

[2013] ZWLC 740

Judgment No.

LC/H/740/13

Outcome

unknown

Case Type

Condonation

Bench

Presiding

E. Makamure

Author

MAKAMURE E.

Full Bench

E. Makamure

Areas of Law

Labour LawCivil Procedure

Keywords

CondonationAppealDelayLegal practitioner negligence

Key Issues

{"issue_text":"Whether the extent of the delay was inordinate regard being had to the circumstances of the case","issue_type":"procedural","dispositive":"yes","related_facts":"The delay was approximately one month from 10 September 2012 to 11 October 2012"}
{"issue_text":"Whether a reasonable explanation for the delay was proffered","issue_type":"procedural","dispositive":"yes","related_facts":"The legal practitioner's secretary was ill and not at work"}
{"issue_text":"Whether there are prospects of success should the matter be heard on the merits","issue_type":"procedural","dispositive":"no","related_facts":"The merits were not determined as the matter was decided on condonation"}

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background

Facts of the Case

Background

The appellant received an adverse decision from an Arbitrator on 10 September 2012. The appellant filed an application for late noting of appeal on 11 October 2012, approximately one month later. The delay was attributed to the legal practitioner's secretary being ill and not at work, which prevented the timely preparation of papers.

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