IN THE MALAWI SUPREME COURT OF APPEAL
29TH DAY OF OCTOBER 2008 AT BLANTYRE
MSCA CIVIL APPEAL NO 54 OF 2008
NICO GENERAL INSURANCE CO. LTD APPELLANT
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
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 days 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 days attendance against the Appellant.
MADE in chambers this 29th day of October 2008.
Justice E. M. Singini, SC, JA