Buratto v Moyo (HPC 243 of 2013) [2016] ZMHC 104 (9 May 2016)
The application to pay the judgment debt in installments is granted as there was no opposition and the relevant rules permit such orders.
Source-derived case information.
- Citation
- [2016] ZMHC 104
- Parties
- Plaintiff: Toni Buratio; Defendant: Nicholas Mayo
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HPC 243 of 2013
- Procedural Posture
- Civil / Ruling on Application to Liquidate Judgment Debt in Installments
- Outcome
- Application granted
- Legal Topics
- Judgment Debt, Installment Payments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Toni Buratio
Plaintiff
Nicholas Mayo
Defendant
Procedural Posture
Civil / Ruling on Application to Liquidate Judgment Debt in Installments
Legal Issues
- 1 Whether the defendant should be allowed to liquidate the judgment debt in installments
Ratio Decidendi
The application to pay the judgment debt in installments is granted as there was no opposition and the relevant rules permit such orders.
Court Disposition
Application granted
Orders
- The defendant is allowed to liquidate the judgment debt in installments.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
• IN THE HIGH COURT FOR ZAMBIA 20I3/HPC/0243 AT THE COMMERCIAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: TONI BURATIO AND NICHOLAS MaYO PLAINTIFF DEFENDANT BEFORE HON. MADAM JUSTICE PRISCA MATIMBA NYAMBE, SC AT LUSAKA IN CHAMBERS For the Plaintiff: For the Defendant: Mr. M Ndhlavu Messrs MRN Legal Practitioners Mr. A Temb" Messrs Tembo Ngulube & Associates RULING Legislation referred to: 1. Order XXXVI and Order III Rule 2 of the Rules of the High Court Cap 27 of the Laws of Zambia This is the Defendant's application brought pursuant to Order XXXVI and Order III Rule 2 of the Rules of the High Court Cap 27 of the Laws of Zambia. The application is for an order to liquidate the Judgment Debt in installments. .- There was no real contention to the application. At a hearing on 24'" February 2016 the parties agreed that the Court could determine the application on the basis of documents to be filed by the parties. Parties promised to make written submissions by latest 20'" March 2016. To date the Court has not received any submissions from either side. In the event the application to pay the Judgment Debt in installments is hereby granted. I make no order as to costs. Dated thiS ~W~..daY of W.~ ................................. Prisca M. Nyambe, SC JUDGE R2