Nico General Insurance Co. Ltd v Munyimbiri (Misca Civil Appeal No. 54 of 2008) (54 of 2008) [2008] MWHC 193 (29 October 2008);

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IN THE MALAWI SUPREME COURT OF APPEAL

29TH DAY OF OCTOBER 2008 AT BLANTYRE

MSCA CIVIL APPEAL NO 54 OF 2008



BETWEEN:



NICO GENERAL INSURANCE CO. LTD…………………APPELLANT


-and-

THOMAS MUNYIMBIRI………………………………….RESPONDENT




CORAM: THE HON CHIEF JUSTICE

The Hon Justice Singini SC, JA

Mr Mzumara of Counsel for the Appellant

Mr Mumba of Counsel for the Respondent

Luckson Beni, official interpreter

Mrs L. Kasasi, typesetter



RULING


Singini J,



The Court agrees that it has no jurisdiction to sit as a single member to determine the Appeal. The provisions of Section 7(b) of the Supreme Court of Appeal Act and the case authority of Astra Pharma vs Adventist Health Services (MSCA Civil Appeal No. 20 of 2005) clearly are to the effect that a single member of this Court cannot sit to determine an appeal before this Court. I, therefore, make an order declining to hear the appeal.


On the question of costs for the day’s attendance, both Counsel accept that these have arisen and that they should be awarded against the Appellant as the party that has wrongly moved the Court to sit in a manner where it had no jurisdiction. I agree with that position and I make the order of costs for the day’s attendance against the Appellant.


MADE in chambers this 29th day of October 2008.





Justice E. M. Singini, SC, JA