Bungu & Others v Makarudze & Another (Civil Appeal SC 8 of 2015; SC 39 of 2015) [2015] ZWSC 39 (29 June 2015)
The appeal raised issues not addressed in the lower court, necessitating a remittal for full trial and proper determination of all issues.
Source-derived case information.
- Citation
- [2015] ZWSC 39
- Parties
- Appellant: Cosmas Bungu; Appellant: The Executive Committee Harare Municipal Workers Union; Appellant: The Harare Municipal Workers Union; Respondent: John Makarudze; Respondent: Maxwell Munondo
- Court
- Supreme Court of Zimbabwe
- Jurisdiction
- Zimbabwe
- Case Number
- Civil Appeal SC 8 of 2015 ; SC 39 of 2015
- Procedural Posture
- Civil Appeal / Remitted to Lower Court for Trial
- Outcome
- remitted to lower court
- Legal Topics
- Dismissal, Union Constitution Validity, Pre Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cosmas Bungu
Appellant
The Executive Committee Harare Municipal Workers Union
Appellant
The Harare Municipal Workers Union
Appellant
John Makarudze
Respondent
Maxwell Munondo
Respondent
Procedural Posture
Civil Appeal / Remitted to Lower Court for Trial
Legal Issues
- 1 validity of Clause 5(a) of the union constitution
- 2 propriety of the dismissal of the respondents
Ratio Decidendi
The appeal raised issues not addressed in the lower court, necessitating a remittal for full trial and proper determination of all issues.
Court Disposition
remitted to lower court
Orders
- Matter remitted to the court a quo for continuation.
- Parties to convene another Pre-trial Conference to agree on issues and file further pleadings if necessary.
Full Case Text
Judgment text and source record
1 paragraphs
Judgment No. SC 39/2015 Civil Appeal No. SC 8/15 (1) COSMAS BUNGU (2) THE EXECUTIVE COMMITTEE HARARAE MUNICIPAL WORKERS UNION (3) THE HARARE MUNICIPAL WORKERS UNION v (1) JOHN MAKARUDZE (2) MAXWELL MUNONDO SUPREME COURT OF ZIMBABWE ZIYAMBI JA, GARWE JA, & GUVAVA JA HARARE, JUNE 30, 2015 T Mpofu, for the appellants A Debwe, for the respondents ZIYAMBI JA: This matter was dealt with in the court a quo as a stated case. At the hearing of the appeal certain issues arose which had not been canvassed by the parties in the court a quo: for example, the issue of the validity of Clause 5 (a) of the new Constitution and the propriety of the dismissal of the respondents by the appellants. These issues have a bearing on the issues that fell for determination by the court a quo in the stated case. Judgment No. SC 39/2015 Civil Appeal No. SC 8/15 In the circumstances we are of the view that the appropriate course to take would be to remit the matter to the court a quo so that all the issues can be properly ventilated in a trial. Accordingly we make the following order:- 1. The matter be and is hereby remitted to the court a quo for continuation. 2. The parties are given leave to convene another Pre-trial Conference to agree on the issues to be determined at the trial and the filing of any further pleadings which may be necessary. 3. Costs are to be in the cause. GARWE JA: I agree GUVAVA JA: I agree Matsikidze & Mucheche, appellants’ legal practitioners Debwe & Partners, respondents’ legal practitioners