Kapulula (T/A More Enterprises) v Simon Ngoma (T/A More Enterprises) and Others (HPC 123 of 2014) [2015] ZMHC 101 (3 March 2015)
There is no basis for upsetting the Consent Order and Garnishee Order Absolute as the Defendant has defaulted on the payment arrangement and the orders remain valid.
Source-derived case information.
- Citation
- [2015] ZMHC 101
- Parties
- Plaintiff: Chansa Kapulula (T/A More Enterprises); Defendant: Simon Ngoma (T/A Samson Enterprises); 1st Garnishee: The National Road Agency; 2nd Garnishee: Investrust Bank PLC
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HPC 123 of 2014
- Procedural Posture
- Civil / Ruling on Ex Parte Application for Stay of Execution of Garnishee Order
- Outcome
- Application dismissed
- Legal Topics
- Garnishee Orders, Stay of Execution, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chansa Kapulula (T/A More Enterprises)
Plaintiff
Simon Ngoma (T/A Samson Enterprises)
Defendant
The National Road Agency
1st Garnishee
Investrust Bank PLC
2nd Garnishee
Procedural Posture
Civil / Ruling on Ex Parte Application for Stay of Execution of Garnishee Order
Legal Issues
- 1 Whether the Defendant is entitled to a stay of execution of the Garnishee Order and Consent Order
Ratio Decidendi
There is no basis for upsetting the Consent Order and Garnishee Order Absolute as the Defendant has defaulted on the payment arrangement and the orders remain valid.
Court Disposition
Application dismissed
Orders
- Defendant's application for stay of execution is dismissed
- Leave to appeal is granted
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT FOR ZAMBIA 2014/HPC/0123 AT THE COMMERCIAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: CHANSA KAPULULA (T/A MORE ENTERPRISES) PLAINTIFF AND SIMON NGOMA (T/A SAMSON ENTERPRISES) DEFENDANT THE NATIONAL ROAD AGENCY 1ST GARNISHEE INVESTRUST BANK PLC 2ND GARNISHEE BEFORE THE HON. MR JUSTICE JUSTIN CHASHI IN CHAMBERS ON THE 4TH DAY OF MARCH, 2015 For the Plaintiff: For the Defendant: For the 1st Garnishee: For the 2nd Garnishee _____________________________________________________________________________________ N/A N/A N/A N/A R U L I N G _________________________________________________________________ The Defendant has filed an ex parte application for stay of execution of a Garnishee Order pending summons to set aside the Garnishee Order dated 7th day of November 2014 and the Consent Order dated 18th day of December, 2014 pursuant to Order 36 Rule 10 of The High Court Rules Chapter 27 of the Laws of Zambia. After considering the Defendants application, I note that although the application for Garnishee Nisi to be made absolute was struck out the Plaintiff and the 1st Garnishee returned to Court by way of a Consent Order with a Garnishee Order Absolute which this Court confirmed. I therefore see no basis for upsetting the same. In any case, there is still in existence a Consent Order to pay the Judgment sum in instalments and the Defendant has defaulted on the same. I therefore see no merit in the Defendant’s application and it is accordingly dismissed. Leave to appeal is hereby granted. Delivered at Lusaka this 4th day of March 2015 ------------------------------------- Justin Chashi HIGH COURT JUDGE