Kombe v Luswanga (HP 1693 of 2015) [2016] ZMHC 50 (24 February 2016)
The matter was struck off due to non-appearance of both parties despite notices of hearing being duly issued.
Source-derived case information.
- Citation
- [2016] ZMHC 50
- Parties
- Plaintiff: Joseph Chisanga Kombe; Defendant: Borniface John Luswanga
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HP 1693 of 2015
- Procedural Posture
- Civil / Ruling on Hearing Attendance
- Outcome
- struck off, with potential for dismissal for want of prosecution if not restored within fourteen days
- Legal Topics
- Dismissal for Want of Prosecution, Striking Out Cases
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Chisanga Kombe
Plaintiff
Borniface John Luswanga
Defendant
Procedural Posture
Civil / Ruling on Hearing Attendance
Legal Issues
- 1 Whether the matter should proceed in the absence of both parties
- 2 Consequence of non-appearance by both parties after due notice
Ratio Decidendi
The matter was struck off due to non-appearance of both parties despite notices of hearing being duly issued.
Court Disposition
struck off, with potential for dismissal for want of prosecution if not restored within fourteen days
Orders
- Matter struck off
- If not restored within fourteen days, it will stand dismissed for want of prosecution
Full Case Text
Judgment text and source record
1 paragraphs
Rl IN THE HIGH COURT FOR ZAMBIA 2015/HP/1693 AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: JOSEPH CHISANGA KOMBE PLAINTIFF AND BORNIFACE JOHN LUSWANGA DEFENDANT Before The Honourable Mrs. Justice P. C. M. Ngulube in Chambers For the Petitioner: No Appearance For the Respondent: No Appearance 7 ) RULING This matter was scheduled for hearing today but there are no appearances. No reasons have been given for the parties' absences. Notices of hearing were duly issued on the 22nd of January, 2016. R2 Accordingly, this matter is struck off. If it is not restored in the next fourteen days, it will stand dismissed for Want of Prosecution. Delivered this 24th day of February, 2016. (::tQ Cb P. C. M. NGULUBE HIGH COURT JUDGE