Zimbabwe Rural District Council Workers Trade Union v Mhondoro Ngezi Rural District Council and Another

HH 445-21

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Case Details

Court

Harare High Court

Date

6 September 2021

Citation

HH 445-21

Neutral Citation

[2021] ZWHH 445

Outcome

unknown

Case Type

Application

Bench

Presiding

Musithu J

Full Bench

Musithu J

Areas of Law

Labour LawCivil Procedure

Keywords

JurisdictionSpecial PleaExceptionEvidenceLabour CourtHigh Court

Key Issues

{"issue_text":"Whether the special plea was properly filed without pleading to the merits first","issue_type":"procedural","dispositive":"no","related_facts":"Procedural history of the case"}
{"issue_text":"Whether evidence can be attached to a special plea of jurisdiction","issue_type":"procedural","dispositive":"yes","related_facts":"The first defendant attached voluminous evidence to the special plea"}
{"issue_text":"Whether the court can determine the special plea without hearing viva voce evidence","issue_type":"procedural","dispositive":"yes","related_facts":"Conflicting positions on key facts regarding the draft ruling and certificates"}

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background

Facts of the Case

Background

The plaintiff trade union sued the first defendant council for payment of a settlement agreement allegedly reached during conciliation. The first defendant raised a special plea of lack of jurisdiction, arguing the matter should be heard by the Labour Court, and an exception on the grounds that the summons did not disclose a cause of action. The plaintiff objected to the special plea, arguing it was improperly filed with attached evidence.

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