Gillian Nyengere v GetBucks Micro Finance Bank Limited

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/206/23
HARARE, 4 JULY 2023 & 11 JULY 2023
CASE NO LC/H/193/23
In the matter between:-
GILLIAN NYENGERE
APPELLANT
GETBUCKS MICRO FINANCE
RESPONDENT
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IN THE LABOUR COURT OF ZIMBABWE

JUDGMENT NO LC/H/206/23

HARARE, 4 JULY 2023 & 11 JULY 2023

CASE NO LC/H/193/23

In the matter between:-

GILLIAN NYENGERE

APPELLANT

GETBUCKS MICRO FINANCE
BANK LIMITED

RESPONDENT

Before the Honourable Kudya J

For the Appellant    S. Nyengere (Legal Practitioner)

For the Respondent    M. Ndlovu with T.J. Mafongoya (Legal Practitioners)

KUDYA, J:

In an appeal to this court the respondent raised points in limine mainly to the effect that the appeal before the court was improperly before it. This is so taking into account the fact that the appellant changed the appeal grounds that she used when she lodged her application for condonation of late filing of appeal. Rule 22(2) Labour Court rules makes it clear that the condonation application shall have the draft notice attached to it. The essence in so attaching the draft is for the court to be able to glean whether or not it is a merited appeal or not. It would then be fool hardy to say that once granted one can go on their frolic and bring up a completely different appeal. The court is fortified in its view by the decision of Bonde v National Feeds SC-11-21 that such a draft becomes the notice of appeal. The conclusion that the intended appeal is defective on account of it having materially departed from the draft notice renders academic the other argument about whether the grounds are also concise and precise

In the result the point in limine succeeds to the extent that the appeal should be struck off the roll with each party bearing own costs.


IT IS ORDERED THAT

The point in lime vis the irregularity of the appeal being well placed it be and is hereby succeeds. The appeal is struck off the roll with each party bearing own costs.

John Mugogo Attorneys, Applicant’s Legal Practitioners

Mafongoya and Matapura, Respondent’s Legal Practitioners
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