appealed again before the same High Court and the same Supreme Court of Appeal? 15. The subtile distinction between an action contract of employment of the contract unlawful dismissal seems in terms based to endorse on the (paragraph rules for unlawful termination itself, and an of the action of natural justice, which the 40(1)), is not weighty enough compared for Court to the general impression drawn from the handling of this matter by local Courts, and the acceptance exhausted, Under have been basis by taken the Respondent these State circumstances, into account for its conclusion that such by a human for a matter as local remedies had been technical subtility should rights Court as the sole and serious as the admissibility not only of the application. 16, Lastly, it seems to us that the Court, having taken the initiative of treating the issue of exhaustion of local remedies, it should have examined all its facets and ensure especially that the remedies it was referring the Applicant to, were still available and effective. parties the Court and since However, since itself raised the issue was no questions on not discussed the matter, by the no one knows, legally speaking, whether recourse to the High Court is still possible for the Applicant. effective, Be it as it may, especially as the there is no guarantee Supreme Court that this remedy of Appeal had decided will be in its judgment of 2007 that the principle of res judicta would applied to the case of the Applicant on unlawful dismissal’, 17. The African Court therefore took its decision without any certainty on the availability of remedies and on their effectiveness. In our opinion, under the circumstances, it should at least have, pursuant to Rule 41 of the Rules of Court, requested parties to provide more information on the exhaustion of local The 11 October 2007 judgment; “We shall now deal with the first ground of appeal which is that his employment was unlawfully terminated. Upon regarding the judgement of this Court which was delivered are satisfied that on 12 July 2004 which the issue for determination we have partly cited earlier in this judgement, and the parties to the appeal very clear that this case falls into a classio definition of res judicata". 6 are the same, ie we It is

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