Zimbabwe Manpower Development Fund v Stanley Machote

JUDGMENT NO. LC/H/218/2016

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Case Details

Court

Labour Court

Date

17 March 2016

Citation

JUDGMENT NO. LC/H/218/2016

Neutral Citation

[2016] ZWLC 218

Judgment No.

LC/H/218/2016

Outcome

unknown

Case Type

Appeal

Bench

Presiding

F.C. Maxwell

Author

MAXWELL, J

Full Bench

F.C. Maxwell

Areas of Law

Labour LawCivil Procedure

Keywords

Heads of ArgumentNotice of ResponseCondonationPoint in LimineBar

Key Issues

{"issue_text":"Whether the appellant is barred for non-compliance with Rule 19 of SI 59/06 for filing heads of argument before receiving a notice of response","issue_type":"procedural","dispositive":"yes","related_facts":"Filing of heads of argument on 25 November 2015 before notice of response; consent order of 24 February 2016"}
{"issue_text":"Whether the consent order of 24 February 2016 nullified the heads of argument already filed","issue_type":"procedural","dispositive":"yes","related_facts":"Consent order terms; timing of head of argument filing"}

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background

Facts of the Case

Background

The appellant filed a notice of appeal against an arbitral award and served heads of argument before the respondent filed a notice of response. A subsequent consent order allowed the respondent to file a late notice of response. The respondent then argued that the appellant's earlier heads of argument were invalid, triggering a point in limine regarding whether the appellant was barred from proceeding.

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