against the decision of the Industrial Relations Court in the High Court.
Although he did appear in the High Court, he declined to argue his case
when he was told that he could not do so from a place reserved for
licensed practitioners only. This practice is endorsed by the highest court
in Malawi and certainly without knowing the reasons and practices behind
it, it would not be for our Court to adjudicate on its correctness or
otherwise. What is of importance is that there is no indication that by
arguing his case from where he was supposed to be, the Applicant would
be prejudiced; nor was this his case before our Court. The Applicant
should have agreed to argue, and then argued, the merits of his appeal
against the judgment of the Industrial Relations Court in the High Court; if
not satisfied with the High Court, appealed to the Supreme Court of
Appeal. The Applicant has, to date, not done either.
39.3. Judgments of the Supreme Court of Appeal: As already mentioned, in
its judgment of 12 July 2004, that court confirmed the three months' salary
payment, but dismissed the claim for wrongful dismissal based on the
alleged breach of the rule of natural justice; the court's reasons have
already been mentioned and quoted above. In its subsequent judgment of
11 October 2007, the court holding that it was faced with the same issue,
found the issue to be res judicata, thereby reaffirming its earlier decision,
namely, that the Applicant could not present his claim for wrongful
dismissal in the way he did. The correctness of the two judgments of the
Supreme Court of Appeal depends on whether or not indeed in terms of
the national law of procedure, the Appticant was supposed to have stated
the issue in the pleadings as a separate cause of action in claiming
damages for wrongful dismissal. The Supreme -100rt of Appeal, being the
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