Robert Chimambo v Sefuke (2023/HP/920) [2024] ZMHC 83 (30 January 2024)

Robert Chimambo v Sefuke (2023/HP/920) [2024] ZMHC 83 (30 January 2024)

The preliminary issue raised by the Defendant is intrinsically linked to the main question for determination at trial and is not suitable for determination without a full trial. The application to raise a preliminary issue is dismissed.

Source-derived case information.

Citation
[2024] ZMHC 83
Parties
Defendant: Sefuke; Plaintiff: Unknown (Plaintiff)
Court
High Court of Zambia
Jurisdiction
Zambia
Judgment Date
30 January 2024
Case Number
2023/HP/920
Procedural Posture
Civil / Ruling on Defendant's Application to Raise a Preliminary Issue
Outcome
Defendant's application to raise a preliminary issue dismissed
Legal Topics
Preliminary Objection, Locus Standi, Order 14 a Determination
Source Language
english
Civil Procedure Preliminary Objection Locus Standi Order 14 a Determination

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sefuke

Defendant

Unknown (Plaintiff)

Plaintiff

Procedural Posture

Civil / Ruling on Defendant's Application to Raise a Preliminary Issue

Legal Issues

  1. 1 Whether the Plaintiff's action against the Defendant is properly before the Court in light of the Defendant's alleged lack of locus standi or sufficient interest

Ratio Decidendi

The preliminary issue raised by the Defendant is intrinsically linked to the main question for determination at trial and is not suitable for determination without a full trial. The application to raise a preliminary issue is dismissed.

Court Disposition

Defendant's application to raise a preliminary issue dismissed

Orders

  • No orders as to costs