Central and Provincial Agencies (HP 1490 of 1983) [1983] ZMHC 8 (28 November 1983)

Central and Provincial Agencies (HP 1490 of 1983) [1983] ZMHC 8 (28 November 1983)

The plaintiff's institution of fresh proceedings while an earlier action on the same facts was pending constituted an abuse of court process, and the existence of triable issues justified setting aside the default judgment.

Citation
[1983] ZMHC 8
Parties
Appellant/defendant: Zambia Breweries Limited; Respondent/plaintiff: Central and Provincial Agencies Ltd.
Court
High Court of Zambia
Jurisdiction
Zambia
Judgment Date
28 November 1983
Case Number
HP 1490 of 1983
Procedural Posture
Civil Appeal / Appeal From Deputy Registrar's Dismissal of Application to Set Aside Default Judgment
Outcome
Appeal allowed
Legal Topics
Abuse of Process, Default Judgment, Setting Aside Judgment, Costs
Source Language
English
Civil Procedure Abuse of Process Default Judgment Setting Aside Judgment Costs

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Parties

Zambia Breweries Limited

Appellant/defendant

Central and Provincial Agencies Ltd.

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal From Deputy Registrar's Dismissal of Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether instituting fresh proceedings while an earlier action on the same facts is pending constitutes abuse of court process
  2. 2 Whether the existence of triable issues justifies setting aside a judgment entered in default of appearance
  3. 3 Who should bear the costs when court process is abused

Ratio Decidendi

The plaintiff's institution of fresh proceedings while an earlier action on the same facts was pending constituted an abuse of court process, and the existence of triable issues justified setting aside the default judgment.

Court Disposition

Appeal allowed

Orders

  • Judgment entered on 13th October, 1983 set aside
  • Defendant granted unconditional leave to defend, subject to entering appearance within ten days