IN THE INDUSTRIAL RELATIONS COURT OF MALAWI
MATTER NO. IRC 63 OF 2004
KHAWELA AND OTHERS . .APPLICANTS
STANBIC BANK LIMITED . ... RESPONDENT
CORAM: R. Zibelu Banda (Ms): Chairperson
Mwagomba: Of Counsel for the Respondent
Chinkudzu (Ms.): Official Interpreter
This was an ex-parte summons on application for stay of execution pending appeal and leave to lodge appeal to the High Court out of time.
Upon reading the affidavit of Counsel for the respondent; this court refused to grant the order for stay of execution on the ground that section 65 (3) of the Labour Relations Act provides that the lodging of an appeal in the High Court against the decision of the Industrial Relations Court shall not be ground for stay of execution of any order made by the court.
It is trite law that a successful litigant shall not be deprived of the fruits of his litigation unless there are exceptional circumstances. It has been held that the fact that the unsuccessful litigant has lodged an appeal is not a valid ground for staying execution. In the Supreme Court of Appeal case of National Bank of Malawi V Moyo [MSCA Civil Appeal Number 25/2003 (unreported)]; stay of execution was refused.
Rule 27 of the Industrial Relations Court (Procedure) Rules made pursuant to section 65 (2) of the Labour Relations Act provides that appeals to the High Court shall be governed by Order XXXIII of the Subordinate Courts Rules made under the Courts Act. The Rules under the Industrial Relations Court (Procedure) Rules, precludes the Court from condoning any failure to comply with the time limit within which a party may lodge an appeal with the High Court; see Rule 25(1)(a); see also Mpaso and others V Securicor (Mw) Ltd (Ruling) [Matter Number IRC 118/2001 (unreported)].
It is on these legal basis that the court refused to grant the orders sought by the respondent in this matter and dismissed the motion.
Pronounced in Chambers this 23rd day of September 2005 at LIMBE.
Rachel Zibelu Banda