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REPORTABLE
Judgment No. 29/18
Civil Appeal No. SC 524/14
(28)
RESERVE
(1)
T. LLOYD
BANK
OF
ZIMBABWE
v
MUFUDZI (2) RICHARD USEYA (3)
CHIKAZAZA (4) WARAIDZO
TANDI
NYASHA
SUPREME COURT OF ZIMBABWE
GOWORA JA, BHUNU JA & ZIYAMBI AJA
HARARE, JUNE 26 2017
V. Mukwachari, for the appellant
T. Marume, for the respondents
ZIYAMBI AJA:
[1]
This is an appeal against a judgment of the Labour Court dismissing an application for
condonation of the late filing of an application for leave to appeal to the Supreme Court.
[2]
It arises from the facts set out briefly hereunder. The appellant, in 2010, embarked on
a retrenchment exercise which affected the respondents, among others. Following the usual
negotiations with the works council, a retrenchment agreement was concluded between the
appellants’ and the respondents’ representatives on 8 December 2010. Thereafter pursuant to
this agreement each respondent was requested to, and did, sign an ‘Acknowledgement Form’
containing the agreed terms of the retrenchment. With specific reference to motor vehicles and
lap tops, the agreement provides:
“Vehicle +5years – Drive out
-5years - Calculated at book value
1