Khungwa v Charles Stewardt Day Old Chicks Ltd (IRC 72 of 20055 ) (72 of 20055) [2007] MWIRC 36 (10 July 2007);

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IN THE INDUSTRIAL RELATIONS COURT OF MALAWI


PRINCIPAL REGISTRY


MATTER IRC 172 OF 2005


BETWEEN


KHUNGWA …………………………………………………………… APPLICANT


-and-


CHARLES STEWART DAY OLD CHICKS LTD ………………. RESPONDENT



CORAM: R. Zibelu Banda – Chairperson

Applicant – Present

Respondent – Absent no excuse

Chinkudzu – Official Interpreter



RULING



The Applicant took out this action against the respondent. He was claiming K120 000.00 being commission for some work done. The applicant failed to prove the basis of this claim. Being a claim for specific damages the applicant was obliged to prove the basis of the claim. In the absence of the proof, the action was dismissed for want of merit.


Any party aggrieved by this decision is at liberty to appeal to the High Court within 30 days of this date.




Pronounced this 10th day of July, 2007 at BLANTYRE.





Rachel Zibelu Banda

CHAIRPERSON