Alec Nyawo v Jena Mines

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/143/2014
HARARE 21 FEBRUARY 2014 &
14 MARCH 2014
CASE NO LC/H/39A/2005
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IN THE LABOUR COURT OF ZIMBABWE	 JUDGMENT NO LC/H/143/2014

HARARE 21 FEBRUARY 2014 &		     CASE NO LC/H/39A/2005

14 MARCH 2014

In the matter between:

ALEC NYAWO						APPLICANT

Versus

JENA MINES						RESPONDENT

Before The Honourable E Makamure :  Judge

For the Applicant	Miss M Tshuma (Legal Practitioner)

For the Respondent  J R Tsivama (Legal Practitioner)

MAKAMURE J:

This is an application for rescission of a default judgment entered against the applicant. He arrived at court ten (10) minutes after that judgment had been entered against him. This delay was caused by the fact that he travelled from Kwekwe which is over two hundred kilometres away from Harare where the court was being held. The appellant appears to have been keen to prosecute the matter. If he adopted a deliberate attitude in order to arrive late, the court still considers the effort he put. He will be given the benefit of doubt. He will be ruled not to have been in wilful default. On the merits he has an arguable case. In the result it is proper that the matter be determined on the merits.

Accordingly it is ordered that the application for rescission of a default judgment granted by this court on 23 October 2013 be and is hereby granted.

There shall be no order as to costs.

Goneso & Associates, applicant’s legal practitioners

Sawyer & Mkushi, respondent’s legal practitioners