Blackwell Bwanga and 18 Ors v First Quantum Mining and Operations Limited (APP/2022/HPIR/315) [2022] ZMHC 118 (14 November 2022)
The delay was not deliberate, and the Registrar exercised discretion to grant leave to file the complaint out of time.
Source-derived case information.
- Citation
- [2022] ZMHC 118
- Parties
- Applicant: Blackwell Bwanga & 18 Others; Respondent: First Quantum Mining and Operations Limited
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- APP/2022/HPIR/315
- Procedural Posture
- Application / Ruling on Application for Leave to File Complaint Out of Time
- Outcome
- leave granted
- Legal Topics
- Extension of Time, Leave to File Complaint Out of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Blackwell Bwanga & 18 Others
Applicant
First Quantum Mining and Operations Limited
Respondent
Procedural Posture
Application / Ruling on Application for Leave to File Complaint Out of Time
Legal Issues
- 1 Whether leave should be granted to file a complaint out of time under Section 85(3) of the Industrial Relations Court Act
Ratio Decidendi
The delay was not deliberate, and the Registrar exercised discretion to grant leave to file the complaint out of time.
Court Disposition
leave granted
Orders
- Leave to file complaint out of time is granted
Full Case Text
Judgment text and source record
1 paragraphs
• IN THE HIGH COURT FOR ZAMBIA APP/2022/HPIR/315 INDUSTRIAL RELATIONS DIVISIO½ .c,..,___ HOLDEN AT LUSAKA ,;( ·:- (Cl.l'IL JCJlUSDICTlON) BETWEEN: . - ... .. . , '-,,r,~ ~ ~ ~"'\ I...,• ( ((~l 1 ~ N~ 2022 ]ir;·, ' 'i __ ,., t / .,,~ ::-- - ~ . V '"4t R ,.. ......... - · b. Ar,•~ __ A l. • \ BLACKWELL BWANGA & 18 OTHERS APPLICANTS AND FJRST QUANTUM MINING AND OPERATIONS RESPONDENT ~IMlTi~ BEFORE ; .. ,/ . ,. • • HON. KATRlNA MAlMBOLWA WALUBITA REGISTRAR RUL ING This is an application under Section 85 (3) of the Industrial Relations Court Act :: : ~·. • • • ' , . f • • ',. ,.: • :; •• :; , • Cap. 269 of the Laws of Zambia for leave to file complaint out of time. f..! :-:,': . • ;.r.he Act gives the Registrar discretion powers to inake.a ~ecision <>n thi!l, Having ' read the affidavit filed by the Complainant it is clear that the delay was not . . deliberate. Therefore leave to file complaint out of time is granted and .it should IN THE HIGH COURT FOR ZAMBIA APP/2022/HPIR/315 INDUSTRIAL RELATIONS DIVISION HOLDEN AT LUSAKA laryn, JURISDlCTJON} uETWEr.;N: BLACKWELL BWANGA & 18 OTHERS APPLICANTS AND FIRST QUANTUM MINING AN'D OPERATIONS RESPONDENT LlMlTJ1)D ., BEFORE \ .. · . HON. KATRINA MAIMBOLWA WALUBITA REGISTRAR ~ . ..:.·----------------------:...· ....,, ____ _ RUL ING . ,, 0