final court, has the last word
its two judgments,
on what the correct national law is. It has, in
said that the Applicant
did not state the claim as a
separate cause of action. It is important to note that the Applicant was not
barred from pursuing
wrong
procedure,
his claims,
but merely told that he was adopting a
In fact, the High
Court had advised
him to get the
assistance of a lawyer to help him, but he declined.
Findings of the Court
40.It is clear from the foregoing summary of the judgments that, as at the time
the Applicant lodged his application:
40.1. The avenue to claim damages for alleged wrongful dismissal and the
avenue to challenge in the High Court the judgment of the Industrial
Relations Court which had ruled that his dismissal was fair and lawful,
were
still
avenues.
open
to the Applicant;
however,
he
did
not
use
these
It was open for him to argue before the High Court against
the judgment
of the
Industrial
Relations
Court
and,
if he
did
not
succeed, to argue on further appeal to the Supreme Court of Appeal.
As a result of his failure to do so, the High Court and the Supreme
Court of Appeal have not had the opportunity to deal with the merits
of the claim for wrongful
dismissal,
as determined
by the Industrial
Relations Court.
40.2. There has not been any undue delay in the disposal of Applicant’s
cases
before
the
highest
judicial
institution
in Malawi;
namely,
the
Malawi Supreme Court of Appeal. A case number allocated to a case
{23]