Citizens Economic Empowerment Commission v Chipata Hatchery Ltd and Anor (HP 2339 of 2016) [2017] ZMHC 335 (22 March 2017)
The matter was struck out of the active cause list due to non-attendance of both parties, with liberty to restore within fourteen days, failing which the action stands dismissed.
Source-derived case information.
- Citation
- [2017] ZMHC 335
- Parties
- Plaintiff: Ivo Principal Citizens Economic Empowerment Commission; 1st Defendant: Chipata Hatchery Limited; 2nd Defendant: Patrick Kalema
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HP 2339 of 2016
- Procedural Posture
- Civil / Originating Summons, Struck Out for Non Attendance
- Outcome
- struck out with liberty to restore
- Legal Topics
- Striking Out, Non Attendance, Restoration of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ivo Principal Citizens Economic Empowerment Commission
Plaintiff
Chipata Hatchery Limited
1st Defendant
Patrick Kalema
2nd Defendant
Procedural Posture
Civil / Originating Summons, Struck Out for Non Attendance
Legal Issues
- 1 Whether the suit should be struck out for non-attendance of parties
Ratio Decidendi
The matter was struck out of the active cause list due to non-attendance of both parties, with liberty to restore within fourteen days, failing which the action stands dismissed.
Court Disposition
struck out with liberty to restore
Orders
- Matter struck out of active cause list with liberty to restore within fourteen days from the date hereof, failing which the action stands dismissed forthwith.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: 2016/HP/2339 Ivo PRINCIPAL CITIZENS ECONOMIC EMPOWERMENT COiVI 124 MAR 2017 N IFF AND CHIPATA HATCHERY LIMITED (cid:9) PATRICK KALEMA (cid:9) \‘ N . REGISTRY ‘..<3°X 50067, Le 1ST DEFENDANT 2ND DEFENDANT Before the Hon. Mr. Justice E. M. Sikazwe in Chambers For the Plaintiff: (cid:9) N/A (cid:9) . C1.1 r-G.0 For the Defendant: N/A c1409-1A-TA- fri.s-fcfretzy 1_76 This action was commenced by way of Originating Summons filed into Court on 1st December, 2016. The matter was scheduled for hearing on the 21th March, 2017 at 14:30 hours. On the said date, the parties did not attend court and no explanation was given for their absence. Consequently, I hereby order that this matter be struck out of the active cause list with liberty to be restored within Fourteen (14) days from the date hereof, failure to ich the action shall stand dismissed forthwith. Dated this (cid:9) day of 2017. E. M SIKAZWE (cid:9)