Zimbabwe Revenue Authority v Chenayi Nyaguse and 12 Others

### Preamble
IN THE LABOUR COURT OF ZIMBABWE
JUDGMENT NO.LC/H/128/14
HELD AT HARARE ON 3RD MARCH, 2014
CASE NO. LC/H/412/13
AND 14TH MARCH, 2014
JUDGMENT NO. LC/H/128/14
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IN THE LABOUR COURT OF ZIMBABWE	   JUDGMENT NO.LC/H/128/14

HELD AT HARARE ON 3RD MARCH, 2014    CASE NO. LC/H/412/13

AND 14TH MARCH, 2014

In the matter between:-

ZIMBABWE REVENUE AUTHORITY			Appellant

And

CHENAYI NYAGUSE AND 12 OTHERS			Respondents

Before the Honourable G. Mhuri, Judge

Honourable F.C. Maxwell, Judge

For Appellant	: P. Makuwaza (Legal Practitioner)

For Respondents: R. Matsikidze (Legal Practitioner)

MHURI J.:

At the hearing of this appeal, Respondents Counsel raised a point in limine concerning the citation of the Respondents.  It was his argument that there is no legal persona known as “12 others”.  Appellant ought to have cited the 13 Respondents in name in its notice of appeal.  He argued that the notice of appeal which cites Chenayi Nyaguse and 12 others is totally defective and cannot be amended as it is a nullity.

It was his submission that Appellant can either proceed with Chenayi Nyaguse as the Respondent or withdraw the appeal.

Reliance was made on the cases of

CT BOLTS (PRIVATE) LIMITED V WORKERS COMMITTEE SC 16/12.

RETRENCHED EMPLOYEES OF NATIONAL BREWERIES LIMITED as represented by Mudondo V NATIONAL BREWERIES LIMITED AND THE MINISTRY OF PUBLIC SERVICE, LABOUR AND SOCIAL WELFARE N.O. SC 121/02.

NJANINA AND OTHERS V ZIMBABWE ELECTORAL COMMISSION AND OTHERS HH 100/2008.

JAMBO V CHURCH OF PROVINCE OF CENTRAL AFRICA, ANGLICAN DIOCESE OF MASVINGO AND THE DEPUTY SHERIFF CHIVHU N.O. HH 329/2013.

GARIYA SAFARIS (PRIVATE) LIMITED V VAN WYK 1996 (2) ZLR 246 (H).

In response, Appellant’s counsel conceded the irregularity and indicated to the Court that he intended to apply for an amendment to the notice of appeal so that all the Respondents are reflected therein.  He argued that he was not aware of any case authority that hinders the amendment of any proceedings pending before a court.

We are in agreement with Respondents’ counsel that there is no legal persona known as 12 others.  The notice of appeal is therefore defective in as far as it cites “12 others”.

See:	THE BATA SHOE COMPANY LIMITED V BATA SHOE COMPANY MIDDLE MANAGEMENT SC 30/12.

Appellant having conceded the point we are of the view that the appeal be struck off.

To that end we uphold the point in limine and strike off the appeal with costs.  It is so ordered.

…………………………		I agree

Maxwell J.

…………………………

Mhuri J.

Sinyoro and Partners – Appellant’s Legal Practitioners

Matsikidze and Mucheche – Respondents’ Legal Practitioners