Stephen Dzwairo v Ernest and Young

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO. LC/H/21/2013
HELD IN HARARE, JANUARY 25, 2013
CASE NO. LC/H/400/11
In the Matter Between
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IN THE LABOUR COURT OF ZIMBABWE 	JUDGMENT NO. LC/H/21/2013

HELD IN HARARE, JANUARY 25, 2013		CASE NO. LC/H/400/11

In the Matter Between

STEPHEN DZWAIRO				APPELLANT/RESPONDENT

And

ERNEST AND YOUNG			       	RESPONDENT/APPLICANT

Before The Honourable E. Makamure         : President

For The Applicant     		: Mr Muza (Legal Practitioner)

For The Respondent  		: Mr Madzoka (Legal Practitioner)

MAKAMURE E.,

This is a matter which was supposed to be disposed of in Chambers in terms of Rule 19(3)(a) of the Rules of this Court.  However, when the applicant lodged the application for dismissal of the appeal, the record of proceedings was in bad shape.  I therefore instructed the Registrar’s Office to have the record properly arranged and paginated.  After the completion of that process and out of extreme caution I asked that the matter be set down for a hearing.  The reason for doing so was to avoid a situation where documents properly and timeously lodged suddenly appear from the Registrar’s office after a matter has been dismissed or granted for lack of compliance by one party.

When the matter was thereafter set down I enquired what the status of the appellant’s papers was at the time that the application was lodged.  It was admitted on behalf of the appellant that no papers had been filed in compliance with the Rules.  I was therefore satisfied that the application for dismissal was properly made.

In the circumstances the application for dismissal in terms of Rule 19(3)(a) be and is hereby granted.

The appeal is accordingly dismissed for want of compliance with the Rules.

Mawere and Sibanda, Legal Practitioners for the Applicant.

Wintertons, Legal Practitioners for the Respondent.