World Freight International Limited v King Long Motors Zambia Limited (HP 349 of 2014) [2015] ZMHC 149 (14 October 2015)
The matter was struck off due to non-appearance by the parties, with a warning that failure to restore within thirty days would result in dismissal for want of prosecution.
Source-derived case information.
- Citation
- [2015] ZMHC 149
- Parties
- Plaintiff: Norgem Limited; 1st Defendant: Chimpundu Training Limited; 2nd Defendant: Grizzly Mining Limited
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HP 349 of 2014
- Procedural Posture
- Civil / Ruling on Non Appearance/striking Out
- Outcome
- Struck off with conditional dismissal
- Legal Topics
- Dismissal for Want of Prosecution, Non Appearance, Striking Out
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Norgem Limited
Plaintiff
Chimpundu Training Limited
1st Defendant
Grizzly Mining Limited
2nd Defendant
Procedural Posture
Civil / Ruling on Non Appearance/striking Out
Legal Issues
- 1 Whether the matter should be struck off for non-appearance
- 2 Consequence of failure to restore the matter within specified period
Ratio Decidendi
The matter was struck off due to non-appearance by the parties, with a warning that failure to restore within thirty days would result in dismissal for want of prosecution.
Court Disposition
Struck off with conditional dismissal
Orders
- Matter struck off for non-appearance
- If not restored in thirty days, to stand dismissed for want of prosecution
Full Case Text
Judgment text and source record
1 paragraphs
-: --~-- t •• ',. P/349 IN THE HIGH COURT FOR ZA AT THE PxINC:PAL REGISTRY (CIVIL JURISDICTION) BETWEEN: WORLD FREIGHT INTERNATIONA. L LIMITED PLAINTIFF AND KING LONG MOTCRS ZAMBIA LIMITED DEFENDAKT Before The Honourable Mrs Justice P. C. M. Ngulube in Chambers For the Pl2.intiff: No Appearance For the Defendant: Mr. Wishimanga, Messrs A. M. Wood and Company RULING This matter was scheduled for continued Defence today but there is no appearance on the part of the Plaintiff. The Learned Counsel for the Plaintiff, Mr. Dzekedzeke was in court at the last hearing. He is therefore aware of today's date and it is surprising that Mr. Dzekedzeke is absent. Accordingly, this matter is struck off. If it is not restored in the next five days, it will stand dismissed for Want of Prosecution. Delivered this 14th day of October, 2015. pc rL P. C. M. NGULUBE HIGH COURT JUDGE , IN THE HIGH COURT FOR ZAMEIA:..---- , . - 2012/HP/0363 //~ 0 -f« .•.••... AT THE PRINCIPP. L REGI~SI~.:'I HOLDEN AT L:JSAKA ~.. :':"'~;;~', \.l1J . I / I (CIVIL JURISDICTION) BETWEEN: NORGEM LIMITED AND - PLAINTIFF CHIMPUNDU rAINING LIMITED GRIZZLY MINING LIMITED 1ST DEF3:NDANT 2N D DEFENDANT Before The Honourable Mrs. Justice P. C. M. Ngulube in Chambers RULING This matter was scheduled for hearing today but there are no appearances. Notices of hec..ringwere duly issued on the 21st of September, 2015. Accordingly, the matter is struck off. If it is not restored in the next thirty days, it will stand dismissed for-Want of Prosecution. Delivered this 6th day of October, 2015. R: Cl P. C. M. NGULUBE HIGH COURT JUDGE