James Kalenga v Zambia Electronic Clearing House Ltd (HP 1029 of 2016) [2017] ZMHC 321 (5 April 2017)
The matter was struck out of the active cause list due to non-attendance by both parties, with liberty to restore within fourteen days, failing which the action stands dismissed.
Source-derived case information.
- Citation
- [2017] ZMHC 321
- Parties
- Plaintiff: James Kalengo; Defendant: Zambia Electronic Clearing H
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HP 1029 of 2016
- Procedural Posture
- Civil / Ruling on Non Attendance
- Outcome
- Struck out with liberty to restore within 14 days
- Legal Topics
- Striking Out for Non Attendance, Restoration of Suits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kalengo
Plaintiff
Zambia Electronic Clearing H
Defendant
Procedural Posture
Civil / Ruling on Non Attendance
Legal Issues
- 1 Whether the suit should be struck out due to non-attendance by both parties
Ratio Decidendi
The matter was struck out of the active cause list due to non-attendance by both parties, with liberty to restore within fourteen days, failing which the action stands dismissed.
Court Disposition
Struck out with liberty to restore within 14 days
Orders
- Matter struck out of active cause list
- Liberty to restore within fourteen days from the date of ruling
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: JAMES KALENGO AND oGH cowl 04 07 tfticip4t 0 5 APR 2077 REcisrky 2016/HP/1029 PLAINTIFF ZAMBIA ELECTRONIC CLEARING H 067, Lusps DEFENDANT Before the Hon. Mr. Justice E. M. Sikamve in Chambers. For the Plaintiff. (cid:9) N/A For the Defendant N/A RULING LEGISLATION REFERRED TO: 1. Order 35 r 1 of Cap 27 of the High Court Act of the Laws of Zambia This action was commenced by way of Writ of Summons filed into Court on 26th May, 2016. The matter was scheduled for hearing on the 4th April, 2017 at 12:00 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 which the action shall stand dismissed forthwith. lifted this (cid:9) eSt ay o 2017.