In case number LC/H/1249/24, Applicant made an application for condonation which was struck off the roll by the Court on 27 January 2025. The operating part of the Order rendered by the Court read:
“1. The application for condonation is hereby struck off the roll by reason of non- compliance with the Rules, that is, failure to attach the requisite draft application, judgments sought to be appealed against.” More
This is a purported application for condonation for late noting an application for review. It is opposed. I say “purported” for the following reason.
This Court in Judgment Number LC/H/144/22 handed down on 3rd June 2022 determined a matter between the parties. The applicant has not appealed that judgment to the Supreme
Court. Instead he has approached this Court for “review”. The application is opposed with counsel for the respondent arguing that not only does the Court lack jurisdiction to review its own judgment, but the application is frivolous and vexatious. More
On the 13th of March the parties were in court on an appeal by the applicant. The respondent raised a preliminary point to the effect that the right to appeal was prescribed as has been decided in Patrick Munjovha v Delta Beverages (Pvt) Ltd SC 64/21. The appellant conceded the point and the appeal was struck off. (In hindsight it should have been dismissed. The order was uploaded the following day, the 14th. More
On 22 November 2024, this Court rendered judgment in which it dismissed Applicant’s application for review. Applicant is dissatisfied with that decision and intends to approach the Supreme Court for relief. This therefore is an application for leave to appeal to the Supreme Court in terms of section 92 F (2) of the Labour Act, (Chapter 28:01) as read with Rule 43 of the Labour Court Rules, 2017. More
At the hearing of this matter counsel for the respondent raised two points in limine which are the subject of this judgment. The applicant is seeking condonation of late noting of appeal and the extension of time within which to note an appeal. The founding affidavit is deposed to by the applicant’s wife. She states that she was authorised by a power of attorney dated 25 February 2016. The points in limine are: More
