IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI

PRINCIPAL
REGISTRY

MATTER
NO. IRC 150 OF 2005

BETWEEN

GONDWE...………………………………………………
…………….....APPLICANT

-and-

SUPABAKE LIMITED….………….…………………...
……………..RESPONDENT

CORAM: R. Zibelu
Banda, Chairperson

G. Nampota;
representing respondent

Gondwe; representing the
Applicant

Nyabanga; Official
Interpreter

RULING

Survival
of action-Effect of death on certain causes of
action-Employment-Dismissal- Applicant deceased after commencement of
action-Cause
of action subsisting for benefit of his estate- Section
10(1) Statute Law Miscellaneous (Provisions) Act.

The matter
was coming for a pre-hearing conference. It was established at this
hearing that the applicant passed away. The court
found that the
matter could not proceed to full trial because continuation of action
will depend on the representative securing
and adducing letters of
administration to act on behalf of the deceased estate, section 10(1)
Statute Law (Miscellaneous Provisions)
Act.

May I
advise the Applicant’s representative, Mr Gondwe the son to visit
Legal Aid Department with this ruling for assistance in
obtaining
letters of administration. The matter shall proceed upon production
of the letters of administration by the Applicant’s
representative.

Pronounced
this 7^th day of May 2007 at BLANTYRE.

Rachel
Zibelu Banda

CHAIRPERSON.