Pernjam Enterprises and Anor v Finance Bank Zambia Ltd (HP 1676 of 2016) [2017] ZMHC 326 (10 April 2017)
The matter was struck out of the active cause list due to non-attendance by both parties, with liberty to restore within fourteen days, failing which the action stands dismissed.
Source-derived case information.
- Citation
- [2017] ZMHC 326
- Parties
- Plaintiff: Pernjam Enterprises; Plaintiff: Julius Mwale; Defendant: Finance Bank Zambia PLC
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HP 1676 of 2016
- Procedural Posture
- Civil / Striking Out for Non Attendance
- Outcome
- struck out with liberty to restore within fourteen days, otherwise dismissed
- Legal Topics
- Striking Out, Non Attendance, Restoration of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pernjam Enterprises
Plaintiff
Julius Mwale
Plaintiff
Finance Bank Zambia PLC
Defendant
Procedural Posture
Civil / Striking Out for Non Attendance
Legal Issues
- 1 Whether the suit should be struck out for non-attendance by parties
Ratio Decidendi
The matter was struck out of the active cause list due to non-attendance by both parties, with liberty to restore within fourteen days, failing which the action stands dismissed.
Court Disposition
struck out with liberty to restore within fourteen days, otherwise dismissed
Orders
- Matter struck out of active cause list
- Liberty to restore within fourteen days from date of order
Full Case Text
Judgment text and source record
1 paragraphs
I IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: PERNJAM ENTERPRISES JULIUS MWALE (cid:9) AND 2016/HP/ 1676 COURT OF ti PRINCIPAL 10 APR 2017 (cid:9) REGISTRY X 50067. LAINTIFF 13 PLAINTIFF FINANCE BANK ZAMBIA PLC (cid:9) DEFENDANT Before the Hon. Mr. Justice E. M. Sikazwe in Chambers. For the Plaintiff (cid:9) N/A For the Defendant: N/A UILINC LEGISLATION REFERRED TO: 1. Order 35 r 1 of Cap 27 of the High Court Act of the Laws of Zambia This action was commenced by way of Writ of Summons filed into Court on 25th August, 2016. The matter was scheduled for hearing on the 10th April, 2017 at 15:30 hours. On the said date, the parties did not attend court and no explanation was given for their abs nce. Consequently, I hereby order that this matter be struck out of the active cause list with liberty to be restored within Fourteen (14) days from the date hereof, failure to which the action shall stand dismissed forthwith. Dated this (9 day of (cid:9) 2017.