Premium Tama Tobacco Limited v Mambala & others and Kanengo Tobacco Processors Limited v Mphongozidana & others (MSCA Civil Appeal 5 of 2018) [2018] MWSC 18 (29 November 2018)

IN THE MALAWI SUPREME COURT OF APPEAL SITTING AT LILONGWE MSCA CIVIL APPEAL NO. 05 OF 2018 [Being High Court of Malawi, Lilongwe District Registry, Civil Case No 103 of 2015] BETWEEN PREMIUM TAMA TOBACCO LIMITED FRANK MAMBALA & OTHERS RESPONDENTS APPELLANT RESPONDENTS ‘THE HONOURABLE JUSTICE R R MZIKAMANDA SC JA THE HONURABLE JUSTICE A C CHIPETA SC JA THE HONOURABLE JUSTICE L P CHIKOPA SC JA THE HONURABLE JUSTICE F E KAPANDA SC JA THE HONURABLE JUSTICE D F MWAUNGULU SC JA THE HONOURABLE JUSTICE A D KAMANGA SC JA 4 M. Msisha SC and F Kilembe of Counsel for the Appellants. G Liwimbi/G Chembezi of Counsel for the Respondent C Chimtande [Mrs.] Court Clerk M Pindani[Mrs.] Reporter RULING/ORDER Chikopa SC, JA © > The Respondents brought this matter against the Appellants, Ae ‘Industrial Relations Court[IRC] claiming damages for unfair termihation£and ‘breach of employment contract. The IRC found for them with damages, to be assessed. Before the same were assessed the AppeNamES, appsaledgio. the High Court where the appeal was dismissed and damages co to be assessed by the Registrar. Before he could, the Appellants) AobacRed this Court by way of appeal but only with respect to liability. \ a . With respect, we think this appeal is s prematurely before us. For as long as the damages have not been quantified | the judgment against the Appellants remains inchoate, tneapable of fc On the other hand, it opens the door to the real possibility, fo Muti appeals with parties being at liberty to appeal up to this Court’ Rao May th respect of liability but also on the quantum _ of damages. As diperitnce | has shown, it, works out an injustice with successful itigantsbéing ke kept away from the fruits of a successful litigation for up to six years Sean 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. JUS a E EB TWEASC JUSTICE OFLAPPEAL \ Ron. JUSTICE [DR] J M ANSAH SC JUSTICE OF APPEAL THE HON. JUSTICE L P JUSTICE OF IKOPA SC, w THE HON. JUSTICE A D KAMANGA SC; JUSTICE OF APPEAL