Swift Freight International Ltd v Siame (HP 2250 of 2015) [2016] ZMHC 90 (7 April 2016)
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
- [2016] ZMHC 90
- Parties
- Plaintiff: SWIFT FREIGHT INTERNATIONAL (Z) LTD; Defendant: ROBERT ALBERT SIAME
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HP 2250 of 2015
- Procedural Posture
- Civil / Striking Out for Non Attendance
- Outcome
- struck out with liberty to restore
- 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
SWIFT FREIGHT INTERNATIONAL (Z) LTD
Plaintiff
ROBERT ALBERT SIAME
Defendant
Procedural Posture
Civil / Striking Out for Non Attendance
Legal Issues
- 1 Whether the suit should be struck out due to non-attendance by both 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
Orders
- Matter struck out of the active cause list for non-attendance by both parties.
- Liberty to restore within fourteen days from the date of the order.
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) BETWEEN: 2015jHPj2250 SWIFT FREIGHT INTERNATIONAL (Z) LTD PLAINTIFF AND ROBERT ALBERT SIAME ~,,-COURT OF Z,qAf ~\6 PRINCIPAL ~'''l ~ 0 7 APR 2016 ~ DEFENDANT Before the Han. Mr. Justice E. M. S~ ~ ~o ~ For the Plaintiff N/ A For the Defendant: N/ A irll~;'ir&«er .•. ,,~ I. I.l:>__ 50067. ----- VULI~f3 LEGISLATION REFERRED TO: 1. The High Court Rules, Cap 27 of the Laws of Zambia This action was commenced by way of Writ of Summons filed into Court on 25th November, 2015. The matter was scheduled for hearing on the 31st March, 2016 at 14:30 hours. On the said date, the parties did not attend court and no explanation was given for their absence. • Consequently, 1 hereby order that this matter be struck out of the active cause list with liberty to restore within Fourteen (14) days from the date hereof, failure to which the action shall stand dismissed forthwith. Dated this ?1!iay of ~.. : 2016. -R2-