This is an application for condonation for late noting of appeal and extension of time within which to note an appeal.The background relevant to the determination of this matter is as follows:In July 2009, the applicant purported to note an appeal against a judgment of the Labour Court. On 30 ...
This is an application for condonation for late noting of appeal and extension of time within which to note an appeal.
The background relevant to the determination of this matter is as follows:
In July 2009, the applicant purported to note an appeal against a judgment of the Labour Court. On 30 October 2009, the applicant made an application for condonation for late noting of appeal and extension of time within which to note an appeal in this Court. The application was granted by ZIYAMBI JA on 21 December 2009.
The order given reads as follows:
“IT IS ORDERED THAT:
1. The applicant be and is hereby granted leave to note an appeal against the entire judgment of the Honourable B.T. Chivizhe, President of the Labour Court, under Case No; LC/H218/2008 dated 24 February 2009, and extension of time within which to appeal.
2. The applicant shall file his notice and grounds of appeal within 5 days of the date of this order.”
The applicant proceeded to note his appeal.
The appeal was set down for hearing on 16 March 2010. On that day, the respondent raised a point in limine to the effect that there was no proper appeal before the court as the applicant had failed to comply with the Rules of this Court, in particular, Rule 4(1) of the Supreme Court (Miscellaneous Appeals and References) Rules 1975.
This Rule provides, that, the notice of appeal shall be served upon the Labour Court Registrar.
Such service, as required, was not done, and, as a result, the matter was struck off the roll for non-compliance with this particular Rule.
