Albert Siyatwa v Meekey Motors (HP 1544 of 2016) [2017] ZMHC 325 (31 March 2017)
The matter was struck out of the active cause list due to non-attendance of both parties, with liberty to restore within fourteen days, failing which the action stands dismissed.
Source-derived case information.
- Citation
- [2017] ZMHC 325
- Parties
- Plaintiff: Titus Tembo; Defendant: Laren Malumax
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HP 1544 of 2016
- Procedural Posture
- Civil / Ruling on Non Attendance
- Outcome
- struck out with liberty to restore
- Legal Topics
- Dismissal for Non Attendance, Restoration of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Titus Tembo
Plaintiff
Laren Malumax
Defendant
Procedural Posture
Civil / Ruling on Non Attendance
Legal Issues
- 1 Whether the suit should be struck out due to non-attendance of parties
Ratio Decidendi
The matter was struck out of the active cause list due to non-attendance of 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 active cause list
- Liberty to restore within fourteen 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/1536 BETWEEN: TITUS TEMBO AND LARENCE MALUMAX (MALE) DEFENDANT Before the Hon. Mr. Justice E. M. Sikazwe in Chambers. For the Plaintiff (cid:9) N/A For the Defendant: N/A RULING This action was commenced by way of Writ of Summons filed into Court on 4th August, 2016. The matter was scheduled for hearing on the 30th March, 2017 at 12:00 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 day of (cid:9) 71..,---rt A 2017. (cid:9)