Toolmaking Engineering (Pvt) Ltd v Chimombe (HC 1560 of 2001) [2004] ZWBHC 140 (28 January 2004)

Toolmaking Engineering (Pvt) Ltd v Chimombe (HC 1560 of 2001) [2004] ZWBHC 140 (28 January 2004)

The application for rescission was largely overtaken by events as both parties agreed to refer the matter back to the Labour Relations Officer for determination of quantum, and both parties contributed to the delay. The order for costs on the higher scale was rescinded and replaced with an order for wasted costs...

Source-derived case information.

Citation
[2004] ZWBHC 140
Parties
Applicant: Toolmaking Engineering (Pvt) Ltd; Respondent: Alfred Chimombe
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
28 January 2004 10 November 2004 25 February 2004 28 January 2004
Case Number
HC 1560 of 2001
Procedural Posture
Application for Rescission of Judgment / Judgment
Outcome
Order for costs on the higher scale rescinded; applicant to pay wasted costs; each party to bear its own costs for the main application.
Legal Topics
Unlawful Suspension, Reinstatement, Quantum of Benefits, Rescission of Judgment, Costs
Source Language
english
Labour Law Civil Procedure Unlawful Suspension Reinstatement Quantum of Benefits Rescission of Judgment Costs

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Parties

Toolmaking Engineering (Pvt) Ltd

Applicant

Alfred Chimombe

Respondent

Procedural Posture

Application for Rescission of Judgment / Judgment

Legal Issues

  1. 1 Whether the applicant was entitled to rescission of the default judgment granted on 11 January 2002 under case number HC-1556-01
  2. 2 Who should bear the costs of the application

Ratio Decidendi

The application for rescission was largely overtaken by events as both parties agreed to refer the matter back to the Labour Relations Officer for determination of quantum, and both parties contributed to the delay. The order for costs on the higher scale was rescinded and replaced with an order for wasted costs against the applicant, and each party was ordered to bear its own costs for the main application.

Court Disposition

Order for costs on the higher scale rescinded; applicant to pay wasted costs; each party to bear its own costs for the main application.

Orders

  • The order for costs on the higher scale granted on 11 January 2002 under case number HC-1560-01 is rescinded and substituted with: 'The applicant pays the wasted costs.'
  • With respect to the main application, each party shall meet its own costs.