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Case Details
Court
Labour Court
Date
7 May 2014
Citation
LC/H/504/14
Neutral Citation
[2014] ZWLC 504
Outcome
unknown
Case Type
Application
Bench
Presiding
R.F. Manyangadze
Full Bench
R.F. Manyangadze
Areas of Law
Labour LawCivil Procedure
Keywords
Re-enrolmentStruck off rollRescissionAuthority to depose affidavitPractice Direction
Tags
Re-enrolmentStruck off rollRescission of judgmentPractice Direction
legislation
Statutes Cited
- Chief Justice's Practice Direction No 3 of 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court has jurisdiction to re-enroll a matter that was struck off the roll","issue_type":"procedural","dispositive":"yes","related_facts":"The matter was struck off on 28 January 2014 and applicant seeks re-enrolment"}
- {"issue_text":"Whether the applicant has shown good and sufficient cause for re-enrolment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant claims it filed Supporting Affidavit and can rectify irregularities"}
- {"issue_text":"Whether the application for rescission was non-existent due to lack of valid Founding Affidavit","issue_type":"procedural","dispositive":"no","related_facts":"Respondent claims application is fatally defective"}
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background
Facts of the Case
Background
The applicant's application for rescission of a default judgment was struck off the roll due to a procedural irregularity regarding the Founding Affidavit. The applicant subsequently filed this application for re-enrolment, arguing that the irregularity could be rectified and that the Practice Direction provides a window for re-enrolment on good cause shown.
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