Court name
Industrial Relations Court
Case number
IRC Matter 212 of 2005

Masamba v Securicor Ltd (IRC Matter 212 of 2005) [2007] MWIRC 26 (06 May 2007);

Law report citations
Media neutral citation
[2007] MWIRC 26
Coram
Null

IN THE
INDUSTRIAL RELATIONS COURT OF MALAWI




PRINCIPAL
REGISTRY




MATTER
NO. IRC 212 OF 2005




BETWEEN




MASAMBA.………………………………………………
…………….....APPLICANT






-and-




SECURICOR (MW) LTD………….…………………...
……………..RESPONDENT







CORAM: R. Zibelu
Banda, Chairperson

Makalani;
representing respondent

Masamba (Mrs);
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, Mrs Masamba 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 7th day of May 2007 at BLANTYRE.






Rachel
Zibelu Banda

CHAIRPERSON.