HIGH COURT OF MALAWI
CAUSE NO. 309 OF 1999
THE REGISTERED TRUSTEES OF
MALAWI INDUSTRIAL RESEARCH
AND TECHNOLOGY DEV. CENTRE
CORAM: HIS HONOUR, M.C.C. MKANDAWIRE
Mr. Chilenga of Counsel for the plaintiff
Nkhoma of Counsel for the defendant
Nyaka Official Interpreter
R U L I N G
is an application by the defendant that the ruling which the Court
delivered on the 5th
of July, 2000 be set aside so that the defendant should argue their
case because they have a defence on the merit in relation to
issue of terminal benefits as per the conditions of the contract.
The plaintiffs Counsel has challenged this application.
have looked at the nature of the application. I note on the outset
that this is quite an old matter. It is a 1999 matter.
came up for assessment of damages before the late Hon. Assistant
Registrar His Honour Mr. H. Chafuwa on the 22nd
of May 2000. After the sudden and tragic death of Chafuwa. I only
took over the case to write the ruling and the ruling was ready
5th July 2000.
This ruling has now been perfected. Some 9 months have elapsed since
the ruling was delivered. I find it that the
only remedy available
to the defendant is to appeal against the ruling that I made and not
for this Court to set aside its own
ruling which ruling is already
perfected. I therefore dismiss this application with costs.
IN CHAMBERS this 7th
day of May 2001 at Lilongwe.