Zambia National Commercial Bank v Pemba (HP 784 of 2017) [2017] ZMHC 377 (13 June 2017)
The matter was struck off the active cause list due to lack of appearance by the plaintiff and no proof of service on the defendant, with liberty to restore within 14 days, failing which the action stands dismissed.
Source-derived case information.
- Citation
- [2017] ZMHC 377
- Parties
- Plaintiff: Zambia National Commercial Bank; Defendant: Maxwell Pemba
- Court
- High Court of Zambia
- Jurisdiction
- Zambia
- Case Number
- HP 784 of 2017
- Procedural Posture
- Civil / Order on Appearance/service
- Outcome
- struck off with liberty to restore
- Legal Topics
- Striking Out, Service of Process, Restoration of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zambia National Commercial Bank
Plaintiff
Maxwell Pemba
Defendant
Procedural Posture
Civil / Order on Appearance/service
Legal Issues
- 1 Whether there was appearance by the plaintiff
- 2 Whether there was proof of service on the defendant
- 3 Whether the matter should be struck off the cause list
Ratio Decidendi
The matter was struck off the active cause list due to lack of appearance by the plaintiff and no proof of service on the defendant, with liberty to restore within 14 days, failing which the action stands dismissed.
Court Disposition
struck off with liberty to restore
Orders
- Matter struck off from the active cause list with liberty to restore within 14 days
- If not restored within 14 days, action to stand dismissed
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA COURT Op 07 (cid:9) PR 'TPAL 13 JUN 2017 2017/HP/0784 \\St (Civil jurisdiction) BETWEEN: ZAMBIA NATIONAL COMMERCIAL BANK PLAINTIFF AND MAXWELL PEMBA (cid:9) DEFENDANT Before: Hon. Judge Mwila Chitabo in Chambers this 13th day of June, 2017. ORDER There is no appearance from the Plaintiff, nor proof of service of process on the Defendant. The matter is accordingly struck off from the active cause list pursuant to Order )0CXV Rule 1 of the High Court Rules Chapter 27 of the Laws of Zambia with liberty to restore within 14 days in default the action to stand dismissed. Matter to come up for administrative monitoring on 29th June, 2017 at 08.30 hours. Dated at Lusaka this 13th day of June, 2017. Judge Mwda Chitabo HIGH COURT (cid:9)