against the decision of the Industria! Relations Court in the High Court.
Although he did appear in the High Court, he declined to argue his case
when
he was
told that he could
not do so from
a place
reserved
for
licensed practitioners only. This practice is endorsed by the highest court
in Malawi and certainly without knowing the reasons and practices behind
it,
it would
otherwise.
not
be
What
for
our
Court
is of importance
to
adjudicate
is that there
on
is no
its correctness
or
indication that by
arguing his case from where he was supposed to be, the Applicant would
be
prejudiced;
nor was
this his case
before
our
Court.
The
Applicant
should have agreed to argue, and then argued, the merits of his appeal
against the judgment of the Industrial Relations Court in the High Court; if
not
satisfied
with
the
High
Court,
appealed
to the
Supreme
Court
of
Appeal. The Applicant has, to date, not done either.
39.3. Judgments of the Supreme Court of Appeal: As already mentioned, in
its judgment of 12 July 2004, that court confirmed the three months’ salary
payment,
alleged
but dismissed the claim for wrongful
breach
of the
rule
of natural justice;
dismissal
the court’s
based
on the
reasons
have
already been mentioned and quoted above. In its subsequent judgment of
11 October 2007, the court holding that it was faced with the same
issue,
found the issue to be res judicata, thereby reaffirming its earlier decision,
namely,
that
the
Applicant
dismissal in the way he did.
Supreme
could
not
present
his
claim
for
wrongful
The correctness of the two judgments of the
Court of Appeal depends on whether or not indeed in terms of
the national law of procedure, the Applicant was supposed to have stated
the
issue
in the
pleadings
as
a separate
cause
of action
in claiming
damages for wrongful dismissal. The Supreme Court of Appeal,
(22
—
being the
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