Munyante v Munyante (HP/D 77 of 2015) [2016] ZMHC 57 (23 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 57
Parties: Petitioner: Naomy Mushota Munyante; Respondent: Edy Munyante
Court: High Court of Zambia
Jurisdiction: Zambia
Case Number: HP/D 77 of 2015
Procedural Posture: Divorce / Ruling on Non Appearance
Outcome: struck off with leave to restore within 21 days, otherwise dismissed for want of prosecution
Legal Topics: Divorce, Want of Prosecution, Striking Out for Non Appearance
Source Language: en

Family Law Divorce Want of Prosecution Striking Out for Non Appearance

Source-derived case record

Summary, issues, holding and outcome

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Downloadable case file Legal principles 1 Party arguments 1

Parties

Naomy Mushota Munyante

Petitioner

Edy Munyante

Respondent

Procedural Posture

Divorce / Ruling on Non Appearance

Legal Issues

1 Whether the matter should proceed in the absence of both parties
2 Consequence of non-appearance by both parties after 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 leave to restore within 21 days, otherwise dismissed for want of prosecution

Orders

Matter struck off for non-appearance of both parties.
If not restored within 21 days, matter stands dismissed for want of prosecution.

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