Kuraoune Chokuona v Health Services Board

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO LC/H/283/14
HELD AT HARARE 13TH MAY 2014
CASE NO
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IN THE LABOUR COURT OF ZIMBABWE	         JUDGMENT NO LC/H/283/14

HELD AT HARARE  13TH MAY 2014			CASE NO LC/H/496/13

& 23RD MAY 2014

In the matter between:-

KURAOUNE CHOKUONA					Applicant

And

HEALTH SERVICES BOARD				Respondent

Before The Honourable F.C. Maxwell, Judge

Applicant			In person

For Respondent		M Bamu (Human Resources Officer)

MAXWELL,  J:

This is an application for leave to appeal to the Supreme Court against the decision of this Court.  Such an application is governed by Section 92 F of the Labour Act [Chapter 28:01] as well as rule 36 of this Court’s rules, S.I. 59/2006.  The application must satisfy the following among others;

It must be on a question of law.

It must be made within 30 days from the date of that decision.

There must be prospects of success on appeal.

On 17 January 2014 this Court dismissed an application for rescission of

default judgment on the basis that the applicant was not being honest with the Court.  The record of proceedings indicated that the matter was struck off the roll after no appearance by either party despite warning in Court.  Applicant in the founding affidavit to the application for rescission of judgment claimed that the matter had been postponed sine die and parties had to arrange with the Registrar for a set down date.

In this application, applicant is not raising any question of law.  He alleges that there was a communication error in relation to the decision to strike the matter off the roll.  Applicant has not raised any issue in relation to the judgment of this Court on 17 January 2014.  At the hearing of this matter, when it was brought to his attention that he had to focus on the judgment of 17 January 2014, applicant indicated that the Court did not do wrong.  All he was asking for is an opportunity to have his case heard on the next level.  This is without any legal basis and cannot be allowed.

Furthermore, the application was made out of time without seeking for condonation.  As stated above the judgment of this Court was handed down on 17 January 2014.  Applicant filed this application on 28 February 2014.

There are no prospects of success for an application filed out of time and in which an appeal is sought in circumstances that do no satisfy the requirements of section 92 F of the Labour Act [Chapter 28:01].  On that basis the application fails.

Accordingly the application be and is hereby dismissed for lack of merit.