Premium Tama Tobacco Limited and Kanengo Tobacco Processors Limited v Mambala and Others (MSCA Civil Appeal 5 of 2018) [2018] MWSC 15 (29 November 2018)

WP DS VONVWYY GV SD1LSNF FIGVANONOH SHL VF OS MINDNNVAMW J G ADILSNE FTAVANNOH SHL VP 3S VONVdV 3 4 SDILLSNE FIGVUNNOH AHL Vf DS VdONIHD d 71 SDILSN FTAVYNONOH AHL VP 3S VLadiH3 9D V SDILSNP ATEVENNOH JHL SLNAGNOdS3Y ANVT1idd¥ S. LN3Z0NOdS3uY SYSH. LO B VIVEWVW UNV “ONV- dS. LIWIT ODDVEOL VWVL WAIWSad N33SM1L3¢d [SL0z Jo £01 ON 98829 JIALD ‘AQSIBay JDLNSIG SMBUOTIT ‘MeyeW JO 3.1NOD YBIH Sulog] 8107 JO GO “ON WWaddV “AID VISW AMONO TW LV ONILLIS WaddV 4O LYNOD AW3AddNS IMV TVW AHL NI M. Msisha SC and F Kilembe of Counsel for the Appellants. G Liwimbi/G Chembezi of Counsei for the Respondent C Chimtande [Mrs.] Court Clerk M Pindani[Mrs.] Reporter RULING/ORDER eee. Chikopa SC, JA ee The Respondents brought this matter against the Appellantsdin’ the Industrial Ubreach of oat Relations Court[IRC] claiming damages for unfair termi: Before the same were assessed the Appellants appe edd ak * where the appeal was dismissed and damages order ed to be assessed by the SEs, approached this Court by way of inchoate, incapable of en Satcis € appeals with parties being at liberty to appeal damages. As éxpe ahice has shown, it, works out an injustice with successful iegantagpg icp away from the fruits of a successful litigation for up to six & years Or more. See FMB v Eisenhower Mkaka& Others MSCA Civil Appeal Cause No 19 of 2017[Being High Court of Malawi Lilongwe registry Civil Cause Number 25 of 2009]. It, in keeping with similar sentiments expressed in AON v Makolo MSCA Civil Appeal No 22 of 2018 and Toyota Malawi Ltd v Jacques Mariette MSCA Civil Appeal Cause Number 61 of 2017, seems to us the proper thing to do that parties should only appeal where the Court below has dealt with issues of both liability and damages to finality. Where there is an immediately enforceable judgment which is not the case herein. Accordingly, it is our conclusion that the appeal is prematurely before us. The appeal is hereby delisted. Costs shall be in the cause. Dated at Lilongwe this 29" day of November, 2018. THE HON. JUSTICE-R R MZIKAMANDA SC, JUSHICE OF APPEAL JUSTICE, PPEAL———— mt h