NET ONE CELLULAR (PVT) LTD v NET ONE EMPLOYEES & ANOR 2005 (1) ZLR 275 (S)

2005 (1) ZLR p275

Flynote

Court — Supreme Court — jurisdiction — application for stay of execution pending appeal — application ancillary to appeal already noted — court having jurisdiction to deal with application

Court — Supreme Court — jurisdiction — inherent jurisdiction to control its judgment — this includes the jurisdiction to control its process — Supreme Court has jurisdiction to determine whether or not execution of a judgment pending an appeal should be permitted

Court — Supreme Court — jurisdiction — review — rectification of irregularity — Deputy Sheriff issuing warrant of execution despite noting of appeal — an irregularity that may be corrected on review

Employment — appeal — under Labour Relations Act — appeal from Labour Court upholding a decision of an arbitrator — noting of an appeal also suspends the arbitrator's determination

Practice and procedure — execution — pending appeal — need for respondent to apply for execution despite noting of appeal