Andrew Chepiri v Amidol Services P/L

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/…/23
HELD AT HARARE ON 9TH FEBRUARY, 2023
CASE NO. LC/H/574/22
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IN THE LABOUR COURT OF ZIMBABWE	       JUDGMENT NO. LC/H/…/23

HELD AT HARARE ON 9TH FEBRUARY, 2023      CASE NO.LC/H/574/22

AND ……………., 2023

In the matter between:-

ANDREW CHEPIRI							APPLICANT

AND

AMIDOL SERVICES P/L							RESPONDENT

Before the Honourable Makamure, J.

For the Applicant	:	   In Person

For the Respondent	:  Mr Fanny Zenda (Human Resources Manager)

MAKAMURE J.

This is an application for the reinstatement of a matter onto the roll. It is opposed.

It appears common cause that there are various matters connected to the present matter.

This presentation was deemed abandoned after the applicant failed to comply with Rule 46 of the rules of this Court.

Rule 46 provides as follows;

“46 where for any reason –

(as proof of service is not filed by the applicant or appellant with the Registrar in the………….and time prescribed

(b)…

The matter shall be regarded as abandoned and the Registrar shall inform the parties accordingly.

Provided that the matter may be reinstated by a Judge in chambers on good cause shown upon application made within twenty one days of the abandonment”.

The applicant has to show “good cause”. In addressing the Court the applicant’s legal representative stated that they were not aware of the need to provide the Registrar a certificate of service. The applicant goes on to state that they filed heads of argument on 16 August 2022. The representative went on to state that the applicant bul……..in the process of sharing documents with the other party.

The respondent on record and before this Court opposed the application. However when it was his turn to address the Court, he did not say much. It is clear that the applicant is keen to prosecute the main matter. He says he is now in the process of sharing documents.

While it is true that the matter was abandoned because the applicant had not provided the certificate of service, one can say, the matter is dismissed, there is no remedy afforded the parties. The Courts’ view is that they do justice between the parties. The application for reinstatement be granted to enable the main matter to be deliberated upon.

In the result it is ordered that;

The application for reinstatement of case number LC/H/141/22 be and is hereby granted.

Each party bears its own costs.