Mac Recruitment Limited v Crown Agents Services Limited (HP 1787 of 2014) [2016] ZMHC 95 (7 April 2016)
The Plaintiff was granted the benefit of doubt regarding non-receipt of the Notice of Hearing, and the application for special leave to review the order striking out the matter was allowed. The matter was restored to the Active Cause List.
Source-derived case information.
- Citation
- [2016] ZMHC 95
- Parties
- Plaintiff: MAC Recruitment Limited
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HP 1787 of 2014
- Procedural Posture
- Civil / Ruling on Application for Special Leave to Review and Restoration to Active Cause List
- Outcome
- Application for special leave to review granted; matter restored to Active Cause List.
- Legal Topics
- Restoration of Suit, Special Leave to Review, Striking Out for Non Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MAC Recruitment Limited
Plaintiff
Procedural Posture
Civil / Ruling on Application for Special Leave to Review and Restoration to Active Cause List
Legal Issues
- 1 Whether the Plaintiff should be granted special leave to review the order striking out the matter for non-attendance
- 2 Whether the matter should be restored to the Active Cause List
Ratio Decidendi
The Plaintiff was granted the benefit of doubt regarding non-receipt of the Notice of Hearing, and the application for special leave to review the order striking out the matter was allowed. The matter was restored to the Active Cause List.
Court Disposition
Application for special leave to review granted; matter restored to Active Cause List.
Orders
- The matter is restored to the Active Cause List.
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: 2014/HP/1787 MAC RECRUITMENT LIMITED PLAINTIFF AND Before the Hon. Mr. Justice E. M. Sikazwe in Chambers. DEFENDANT For the Plaintiff Ms. B. Kasonde - Messrs Tembo, Ngulube & Asssociates For the Defendant: NONE I:?ULI~f3 Legislation referred to: Order 39 Rule 2 of the High Court Act, Cap 27 of the Laws of Zambia This is an application by the Plaintiff for an order for Special Leave to Review the Order of this Court dated 19th March, 2015. This matter commenced by way of a Writ of Summons on 12th November, 2014. A Notice of Hearing was issued on 18th November, 2015. At the hearing on the 19th March, 2015, there was neither attendance from the Plaintiff nor the Defendant and there was no explanation for their absence. This Court accordingly struck out the matter from the Active Cause List with liberty to restore the matter within 30 days. On 2nd September, 2015, Counsel for the Plaintiff filed into court an application for an order for Special Leave to Review this Court's Order aforesaid. The Application was accompanied by an Affidavit sworn by Abel Tembo. It was deposed in the said Affidavit that on 2nd July, 2015, the Plaintiff conducted a search at the High Court Registry and it revealed that the matter had come up for hearing on 19th March, 2015. It was further deposed that the Plaintiffs failure to attend court on the material date was occasioned by the fact that they had not received the Notice of Hearing for the 19th March, 2015. When this matter came up for hearing on the 27th October, 2015, this Court reserved its Ruling but took notice that the Original File in this matter was not at hand and thus a Temporal Jacket had been created. Given the circumstances in this matter as highlighted in the preceding paragraphs, this Court shall give the Plaintiff a benefit of doubt and grant the Application for special leave to review the Order of 19th March, 2015. The matter is accordingly restored to the Active Cause List. Delivered this 9:!!~day of • . t Lusaka. -R2-