BSI Steel Zambia Limited v Horizon Properties Limited (HPC 461 of 2016) [2017] ZMHC 23 (11 April 2017)

BSI Steel Zambia Limited v Horizon Properties Limited (HPC 461 of 2016) [2017] ZMHC 23 (11 April 2017)

The defendant's absence was due to lack of notification from previous counsel and not deliberate. The defendant has a counterclaim on record and should not be punished for the default of their counsel. There is sufficient reason for the defendant's absence, and in the interest of justice, the judgment should be set aside to allow the matter to be heard on its merits.

Citation
[2017] ZMHC 23
Parties
Plaintiff: Method Nimbona; Defendant: Kumawa Limited
Court
High Court of Zambia
Jurisdiction
Zambia
Judgment Date
11 April 2017
Case Number
HPC 461 of 2016
Procedural Posture
Civil / Ruling on Application to Set Aside Judgment
Outcome
Judgment set aside
Legal Topics
Setting Aside Judgment, Default Judgment, Right to Be Heard, Professional Negligence
Source Language
English
Civil Procedure Setting Aside Judgment Default Judgment Right to Be Heard Professional Negligence

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Parties

Method Nimbona

Plaintiff

Kumawa Limited

Defendant

Procedural Posture

Civil / Ruling on Application to Set Aside Judgment

Legal Issues

  1. 1 Whether the defendant has shown sufficient cause to set aside judgment obtained in their absence
  2. 2 Whether the defendant's absence was deliberate or due to accident or mistake
  3. 3 Whether the defendant has real prospects of success if judgment is set aside

Ratio Decidendi

The defendant's absence was due to lack of notification from previous counsel and not deliberate. The defendant has a counterclaim on record and should not be punished for the default of their counsel. There is sufficient reason for the defendant's absence, and in the interest of justice, the judgment should be set aside to allow the matter to be heard on its merits.

Court Disposition

Judgment set aside

Orders

  • Judgment entered on 6th April 2016 is set aside
  • Costs awarded to the plaintiff to be taxed in default of agreement