Mbada Diamonds V Stephen Chidzungu

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/660/2013
HARARE, 18 NOVEMBER 2013
CASE NO.
JUDGMENT NO. LC/H/660/13
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IN THE LABOUR COURT OF ZIMBABWE	                JUDGMENT NO. LC/H/660/2013

HARARE, 18 NOVEMBER 2013	    		              CASE NO. LC/H/486/2013

AND 06 DECEMBER 2013

In the matter between:-

MBADA DIAMONDS						Applicant

And

STEPHEN CHIDZUNGU						Respondent

Before The Honourable F.C. Maxwell,: Judge

(IN CHAMBERS)

MAXWELL J.;

On 1 July 2013 Respondent noted an appeal against the decision of the Applicant’s Appeals Officer in this Court.  On 6 August 2013 notice of response was filed and served on the Respondent’s Legal Practitioners.  One Sekai Magava of Gonese, Jessie Majome & Co Legal Practitioners confirmed receipt of the notice of response on the 6 August 2013 at 4.05.  In terms of Rule 19 Respondent was supposed to file Heads of Argument within fourteen days of receiving the response.  This requirement was not complied with.

On 25 October 2013 Applicant filed the present application in terms of Rule 19 (3)(a) for the dismissal of the appeal for failure to file Heads of Argument.  Time periods are provided in statutes and legislation to ensure the expeditions resolution of matters.  The principal litigant must prosecute his case with due diligence and expedition.

Rule 19 (3)(a) allows the party who is not in default to apply to the Court at any time for the dismissal of the matter.  In terms of Rule 19(4) such application may be made without notice to the defaulting party.

Accordingly the application succeeds.

Wherefore it is ordered that.

The Appeal filed by the Respondent in LC/H/486/13 be and is hereby dismissed for non-compliance with Rule 19(1) of the Labour Court Rules SI 59/2006.

Respondent shall pay costs of suit.