Judgment No. SC 12/18
Chamber Application No. SC 179/15
numerous requests the honourable judge failed to provide the applicant with reasons for
judgment resulting in the lapse of time stipulated of the intended appeal.
It therefore became necessary to apply for condonation and extension of time to
file an application for leave to apply to this Court. Both parties filed heads of argument. The
applicant now alleges that while they were waiting for the set down date of hearing they were
surprised to receive a written judgment by HOVE J dismissing the application for leave to
appeal to this Court. It is not clear to me but it appears that the matter was subsequently placed
before the same judge who then properly heard the application and dismissed the applicant’s
claim under judgment LCH/H/472/2011 at page 56 of the record of proceedings. It is this
judgment which prompted this application.
In terms s 92F (3) of the Labour Act [Chapter 28:01], where a judge of the Labour
Court refuses to grant leave to appeal, the applicant may seek leave from a judge of this Court.
When a judge of the Supreme Court sits in chambers to decide the application for leave to
appeal he does not treat the application as an appeal against the refusal to grant leave by the
court a quo. He simply decides the matter on the merits as if it was a fresh application before
him/her. For that reason while he may consider the criticisms levelled against the judge in the
court a quo, these are not overriding considerations because he makes his own independent
fresh determination on the basis of the papers and arguments placed before him/her.
I now turn to consider the application for leave to appeal to this Court on the merits.
An application for leave to appeal to this Court is firmly grounded on the
applicant’s prospects of success on appeal. In terms of s 92F of the Act, appeals from the
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