Jucha Mwanza & 21 Others v Freda Rebecca Mine

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/148/2013
HELD IN HARARE, APRIL 17, 2013
CASE NO. LC/ORD/H/106/2011
In the Matter Between
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IN THE LABOUR COURT OF ZIMBABWE 	JUDGMENT NO. LC/H/148/2013

HELD IN HARARE, APRIL 17, 2013		CASE NO. LC/ORD/H/106/2011

In the Matter Between

JUCHA MWANZA & 21 OTHERS		     	APPLICANT

And

FREDA REBECCA MINE				RESPONDENT

Before The Honourable E. Makamure         : President

FOR THE APPLICANT     		: Mr P. Musendo (Legal Practitioner)

FOR THE RESPONDENT  	: Mr C. Kwirira (Legal Practitioner)

MAKAMURE E.,

This is an application for rescission of a judgment which was granted in default (in chambers) on 5th August 2011 and the reasons were handed down in February 2012.  The matter was dealt with as an unopposed matter.  This was because opposition papers which were timeously served by the applicants on the respondent were not on record.  The matter should have been clearly an opposed matter.  The judgment was granted in error.  The applicant was therefore not in wilful default.

There is therefore merit in the application.  Accordingly, it is ordered that the application for rescission of judgment be and is hereby granted with costs.

Kamusasa and Musendo Legal Practitioners, Representatives for the Applicant.

Magwaliba And Kwirira Legal Practitioners, Representatives for the Respondent.