Zimbabwe Open University v Perpetual Ndekwere

JUDGMENT NO LC/H/75/16

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Case Details

Court

Labour Court

Date

1 February 2016

Citation

JUDGMENT NO LC/H/75/16

Neutral Citation

[2016] ZWLC 75

Judgment No.

LC/H/75/16

Outcome

unknown

Case Type

Appeal

Bench

Presiding

F C Maxwell

Full Bench

F C Maxwell

Areas of Law

Labour LawCivil Procedure

Keywords

Point in limineDefault judgmentLate filingDismissal

Key Issues

{"issue_text":"Whether a hybrid application for condonation of late filing and rescission of default judgment is permissible under the Labour Court rules","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant filed a combined application on 31 July 2015 seeking both condonation and rescission"}
{"issue_text":"Whether condonation must be granted before an application for rescission can be considered","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant sought to have both applications dealt with simultaneously"}

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background

Facts of the Case

Background

The applicant filed a hybrid application for condonation of late filing and rescission of a default judgment. The respondent objected on the basis that no rule permits such a combined application. The court agreed and dismissed the application, holding that condonation must be sought and granted before a rescission application can be considered.

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