Chomba v Chibawe and Others (HP 1039 of 2012) [2016] ZMHC 34 (25 February 2016)
The matter was struck off due to non-appearance of both parties and will stand dismissed for want of prosecution if not restored within twenty-one days.
Source-derived case information.
- Citation
- [2016] ZMHC 34
- Parties
- Plaintiff: Douglas Chomba; Defendant: Chimuka Chibawe; Defendant: Milambo (Male); Defendant: Kelvin Chama
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HP 1039 of 2012
- Procedural Posture
- Divorce / Ruling on Absence of Parties
- Outcome
- struck off, to be dismissed for want of prosecution if not restored in 21 days
- Legal Topics
- Dismissal for Want of Prosecution, Absence of Parties, Striking Out Cases
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Chomba
Plaintiff
Chimuka Chibawe
Defendant
Milambo (Male)
Defendant
Kelvin Chama
Defendant
Procedural Posture
Divorce / Ruling on Absence of Parties
Legal Issues
- 1 Whether the matter should proceed in the absence of parties
- 2 Consequence of non-appearance by both parties
Ratio Decidendi
The matter was struck off due to non-appearance of both parties and will stand dismissed for want of prosecution if not restored within twenty-one days.
Court Disposition
struck off, to be dismissed for want of prosecution if not restored in 21 days
Orders
- Matter struck off
- If not restored within twenty-one days, it will stand dismissed for want of prosecution
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT FOR ZAMBIA 2012/HP/1039 Rl AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (Divorce Jurisdiction) BETWEEN: DOUGLAS CHOMBA PLAINTIFF AND CHIMUKA CHIBA WE MILAMBO (MALE) KELVIN CHAMA 1ST DEFENDANT 2ND DEFENDANT 3RD DEFENDANT Before The Honourable Mrs. Justice P. C. M. Ngulube in Chambers. For the Petitioner: No Appearance For the Respondent: No Appearance RULING This matter was scheduled for hearing today but there are no appearances. No reasons have been given for the parties' R2 absences. Notices of hearing were duly issued on the 24th of November, 2014. Accordingly, this matter is struck off. If it is not restored in the next twenty-one days, it will stand dismissed for Want of Prosecution. Delivered this 25th day of February, 2016. P. C. M. NGULUBE HIGH COURT JUDGE