Stanley Nare v Kalumbe (HP 2205 of 2016) [2017] ZMHC 333 (22 March 2017)
The matter was struck out due to non-attendance of both parties without explanation.
Source-derived case information.
- Citation
- [2017] ZMHC 333
- Parties
- Plaintiff: Stanley Nare; Defendant: Jimmy Icalumbe
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HP 2205 of 2016
- Procedural Posture
- Civil / Preliminary Hearing
- Outcome
- struck out with liberty to restore within 14 days
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Nare
Plaintiff
Jimmy Icalumbe
Defendant
Procedural Posture
Civil / Preliminary Hearing
Legal Issues
- 1 Whether the matter should proceed in the absence of parties
Ratio Decidendi
The matter was struck out due to non-attendance of both parties without explanation.
Court Disposition
struck out with liberty to restore within 14 days
Orders
- Matter struck out of active cause list
- Liberty to restore within 14 days
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) 2016/HP/2205 BETWEEN: STANLEY NARE AND JIMMY ICALUMBE DEFENDANT Before the Hon. Mr. Justice E. M. Sikazwe in Chambers. For the Plaintiff: (cid:9) N/A For the Defendant: N/A IRUILINC This action was commenced by way of Writ of Summons filed into Court on 11th November, 2016. The matter was scheduled for hearing on the 21st March, 2017 at 09:00 hours. On the said date, the parties did not attend court and no explanation was given for their absence. 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 (cid:9) day of (cid:9) 2017.