Kapulula (T/A More Enterprises) v Simon Ngoma (T/A More Enterprises) and Others (HPC 123 of 2014) [2015] ZMHC 101 (3 March 2015)

IN THE HIGH COURT FOR ZAMBIA 2014/HPC/0123

AT THE COMMERCIAL REGISTRY

HOLDEN AT LUSAKA

(Civil Jurisdiction)

BETWEEN:

CHANSA KAPULULA (T/A MORE ENTERPRISES) PLAINTIFF

AND

SIMON NGOMA (T/A SAMSON ENTERPRISES) DEFENDANT

THE NATIONAL ROAD AGENCY 1^ST GARNISHEE

INVESTRUST BANK PLC 2^ND GARNISHEE

BEFORE THE HON. MR JUSTICE JUSTIN CHASHI IN CHAMBERS ON THE 4^TH DAY OF MARCH, 2015

For the Plaintiff: N/A

For the Defendant: N/A

For the 1^st Garnishee: N/A

For the 2^nd Garnishee N/A

_____________________________________________________________________________________

R U L I N G _________________________________________________________________

The Defendant has filed an ex parte application for stay of execution of a Garnishee Order pending summons to set aside the Garnishee Order dated 7^th day of November 2014 and the Consent Order dated 18^th day of December, 2014 pursuant to Order 36 Rule 10 of The High Court Rules Chapter 27 of the Laws of Zambia.

After considering the Defendants application, I note that although the application for Garnishee Nisi to be made absolute was struck out the Plaintiff and the 1^st Garnishee returned to Court by way of a Consent Order with a Garnishee Order Absolute which this Court confirmed.

I therefore see no basis for upsetting the same.

In any case, there is still in existence a Consent Order to pay the Judgment sum in instalments and the Defendant has defaulted on the same.

I therefore see no merit in the Defendant’s application and it is accordingly dismissed.

Leave to appeal is hereby granted.

Delivered at Lusaka this 4^th day of March 2015

-------------------------------------

Justin Chashi

HIGH COURT JUDGE