Eclat Evergood Textile Malefane Nthontho and Others (LC/REV 54 of 2011) [2013] LSLC 51 (2 September 2013)

Eclat Evergood Textile Malefane Nthontho and Others (LC/REV 54 of 2011) [2013] LSLC 51 (2 September 2013)

Applicant's prolonged inaction and failure to attend the hearing, despite due notice, demonstrates unwillingness to prosecute the review. The court finds no reason not to grant the application for dismissal for want of prosecution.

Citation
[2013] LSLC 51
Parties
Applicant: Eclat Evergood Textile; 1st Respondent: Malefane Nthontho; 2nd Respondent: Motloang Makafane; 3rd Respondent: The DDPR
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
2 September 2013
Case Number
LC/REV 54 of 2011
Procedural Posture
Review Application / Ruling on Application for Dismissal for Want of Prosecution
Outcome
Review application dismissed for want of prosecution; arbitral award reinstated; compliance within 30 days; no order as to costs.
Legal Topics
Unfair Dismissal, Review of Arbitral Award, Dismissal for Want of Prosecution
Source Language
English
Labour Law Unfair Dismissal Review of Arbitral Award Dismissal for Want of Prosecution

Case Brief

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Parties

Eclat Evergood Textile

Applicant

Malefane Nthontho

1st Respondent

Motloang Makafane

2nd Respondent

The DDPR

3rd Respondent

Procedural Posture

Review Application / Ruling on Application for Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether the review application should be dismissed for want of prosecution
  2. 2 Whether the applicant's conduct amounts to a lack of interest or deliberate delay

Ratio Decidendi

Applicant's prolonged inaction and failure to attend the hearing, despite due notice, demonstrates unwillingness to prosecute the review. The court finds no reason not to grant the application for dismissal for want of prosecution.

Court Disposition

Review application dismissed for want of prosecution; arbitral award reinstated; compliance within 30 days; no order as to costs.

Orders

  • Application for dismissal for want of prosecution is granted
  • Review application is dismissed