Noole v Noole (HP/D 327 of 2015) [2016] ZMHC 149 (4 August 2016)

The matter was struck off due to the absence of both parties without explanation, and will be dismissed for want of prosecution if not restored within thirty days.

Source-derived case information.

Citation: [2016] ZMHC 149
Parties: Petitioner: Martinchilao Nool; Respondent: Edith Nyangunooole
Court: High Court of Zambia
Jurisdiction: Zambia
Case Number: HP/D 327 of 2015
Procedural Posture: Divorce / Ruling on Non Appearance/striking Out
Outcome: struck off for want of prosecution, with conditional dismissal
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

Martinchilao Nool

Petitioner

Edith Nyangunooole

Respondent

Procedural Posture

Divorce / Ruling on Non Appearance/striking Out

Legal Issues

1 Whether the matter should proceed in the absence of both parties
2 Whether the case should be struck off for want of prosecution

Ratio Decidendi

The matter was struck off due to the absence of both parties without explanation, and will be dismissed for want of prosecution if not restored within thirty days.

Court Disposition

struck off for want of prosecution, with conditional dismissal

Orders

Matter struck off for want of prosecution due to non-appearance of parties.
If not restored within thirty days, the matter will stand dismissed.

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