Peter Moyo v Delta Beverages

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT
NO LC/H/390/14
HELD AT HARARE 2ND JUNE 2014
CASE NO
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IN THE LABOUR COURT OF ZIMBABWE	       JUDGMENT NO LC/H/390/14

HELD AT HARARE 2ND JUNE 2014			CASE NO LC/H/CON/29/06

& 4TH JULY 2014

In the matter between:-

PETER MOYO				Applicant

And

DELTA BEVERAGES			Respondent

Before The Honourable B.S. Chidziva, Judge

For Applicant		Mr J Koto (Legal Practitioner)

For Respondent		Mr G Chingoma (Legal Practitioner)

CHIDZIVA, J:

This is an application for leave to appeal to the Supreme Court against the decision of this Court dated 15 February 2014.

The respondent has raised a point in limine by stating that the applicant is not properly before this Court as he has not complied with Rule 14 as read with section 89 (2) (d) of the Labour Act [Chapter 28:01] Form LC1.

It is a trite principle of law that labour matters should not be dealt on technicalities.  This matter has been in the courts for quite some time.   Litigation should always be brought to finally.  This case should be brought to finality.  There is no prejudice to the respondent.

JUDGMENT NO LC/H/390/14

In the light of the foregoing

IT IS ORDERED THAT

The point in limine be and is hereby dismissed.

The Registrar is directed to set down the matter for hearing.

Koto & Company, applicant’s legal practitioners

Dube, Manikai & Hwacha, respondent’s legal practitioners