Kaligomba v Automative Products Ltd (IRC 347 of20044) (NULL) [2005] MWIRC 69 (18 November 2005);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER NO. IRC 347 OF 2004


BETWEEN:


KALIGOMBA……………………………………………………………. APPLICANT


-and-

AUTOMOTIVE PRODUCTS LTD…….………………………...……RESPONDENT



CORAM: R. Zibelu Banda (Ms); Chairperson

Applicant; present

Kanyenda of Counsel for the respondent

Bondo; Interpreter


RULING


Upon hearing the applicant; the court finds that the cause of action arose in 1997. The applicant did not take up action until December 2004 after expiry of six years. A claim of contractual nature such as this claim must be instituted within six years of the occurrence of the cause action


This action is caught by the Limitations Act. It is statute barred. It is accordingly dismissed.


The applicant may try to lodge this claim with the Office of the Ombudsman, which office is mandated to investigate issues of maladministration that may not be entertained in a court of law such as this case.



MADE IN CHAMBERS this 18th day of November 2005 at BLANTYRE.





R Zibelu Banda (Ms.)

CHAIRPERSON.