Buchisa Mwalongo v Cavendish University Zambia Limited (APP/2023/HPIR/0279) [2023] ZMHC 75 (10 July 2023)
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
- [2023] ZMHC 75
- Parties
- Applicant: Buchisa Mwalongo; Respondent: Cavendish University Zambia Limited
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- APP/2023/HPIR/0279
- Procedural Posture
- Application for Leave to File Complaint Out of Time / Ruling on Application for Extension of Time
- Outcome
- leave granted to file complaint out of time
- Legal Topics
- Extension of Time, Filing Out of Time, Industrial Relations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Buchisa Mwalongo
Applicant
Cavendish University Zambia Limited
Respondent
Procedural Posture
Application for Leave to File Complaint Out of Time / Ruling on Application for Extension 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 to file complaint out of time
Orders
- Complaint to be filed within 14 days
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT FOR ZAMBIA APP/2023/HPIR/0279 INDUSTRIAL RELATIONS DIVISION HOLDEN AT LUSAKA (CIVIL JURISDICTION) CAVENDISH UNIVERSITY ZAMBIA LIMITED RESPONDENT BEFORE HON. KATRINA MAIMBOLWA WALUBITA REGISTRAR RUL ING This is an application under Section 85 (3) of the Industrial Relations Court Act Cap. 269 of the Laws of Zambia for leave to file complaint out of time. The Act gives the Registrar discretion powers to make a decision on this. Having read the affidavit filed by the Complainant it is clear that the delay was not deliberate. Therefore leave to file complain · · t of time is granted and it should be filed within 14 days herein. LJrlhr Dated the ......................... day of .......... . . ... 2023 KATRINA MAIMBOLWA REGISTRAR , IN THE HIGH COURT FOR ZAMBIA APP/2023/HPIR/0279 INDUSTRIAL RELATIONS DIVISION HOLDEN AT LUSAKA (CIVIL JURISDICTION) BETWEEN: BUCHISA MWALONGO APPLICANT AND CAVENDISH UNIVERSITY ZAMBIA LIMITED RESPONDENT BEFORE HON. KATRINA MAIMBOLWA WALUBITA REGISTRAR RUL ING