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)
The appeal is prematurely before the court as the lower court has not finalized both liability and damages; thus, the appeal is delisted.
Source-derived case information.
- Citation
- [2018] MWSC 15
- Parties
- Appellant: Appellants; Respondent: Respondents
- Court
- Malawi Supreme Court of Appeal
- Jurisdiction
- Malawi
- Case Number
- MSCA Civil Appeal 5 of 2018
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection/delisting
- Outcome
- Appeal delisted as premature
- Legal Topics
- Unfair Termination, Damages Assessment, Premature Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Appellants
Appellant
Respondents
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection/delisting
Legal Issues
- 1 Whether the appeal is properly before the court prior to assessment of damages
- 2 Whether appeals should be entertained before final determination of both liability and damages
Ratio Decidendi
The appeal is prematurely before the court as the lower court has not finalized both liability and damages; thus, the appeal is delisted.
Court Disposition
Appeal delisted as premature
Orders
- Appeal is hereby delisted
- Costs shall be in the cause
Full Case Text
Judgment text and source record
1 paragraphs
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