Barclays Bank PLC v Mwansa (HPC 443 of 2014) [2015] ZMHC 226 (6 August 2015)

IN THE HIGH COURT FOR ZAMBIA 20l4/HPC/0443 AT THE COMMERCIAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) In the matter of: and for an Order of Foreclosure, An Application Sale of the Property Known as Stand No. SID 9C/374 of Stand No. 11063, Libala Stage 3. Lusaka which was subject of a Legal as and Mortgage Security for Repayment of a Home Loan. the Respondent the Applicant Possession between In the matter of: Order 30 Rule 14 ofthe High Court Rules BETWEEN: BARCLA YS BANK PLC AND DENRY MWANSA APPLICANT RESPONDENT BEFORE HON. MADAM JUSTICE PRISCA MATIMBA NYAMBE, SC AT LUSAKA IN CHAMBERS For the Applicant: Ms B Kasompe Tembo Ngulube & Associates For the Respondent: No appearance JUDGMENT List of authorities referred to: 1. Order 30 Rule 14 of the High Court Rules Cap 27 of the Laws of Zambia 2. Order XXXVIRule 8 of the High Court Rules Cap 27 of the Laws of Zambia 3. Section 2 of the Judgments Act Cap 81 of the Laws of Zambia This is an application for Foreclosure, Possession and Sale of the Property known as Stand No. SID 9C/374, of Stand No. 11063, Libala Stage 3, Lusaka. The application was commenced by Originating Summons Pursuant to Order 30 Rule 14 of the High Court Rules Cap 27 of the Laws of Zambia. It was supported by an affidavit filed on 220d October, 2014 as well as skeleton arguments of even date. Originating Process was served on the Respondent by way of substituted service by advertisement in the Post Newspaper running from 10th to 12th June 2015 as evidenced by an affidavit of service filed on 15th June 2015. The Respondent has not filed an affidavit in opposition, and on the hearing date did not appear despite service by advertisement aforementioned. The Respondent not having appeared, I find that he has no Defence to the claim as endorsed. The Applicant is therefore entitled to the reliefs as endorsed. Order:- 1. I enter Judgment in favour of the Applicant for payment of the outstanding amount of the principal loan advanced to the Respondent with interest in accordance with Order XXXVI Rule 8 of the High J2 • Court Rules Cap 27 of the Laws of Zambia from the cause of action to date of this Judgment and thereafter in accordance with Section 2 of the Judgments Act Cap 81 of the Laws of Zambia, till final settlement. 2. The Respondent doth pay the Judgment Debt as above within three (03) months from the date of this Judgment. In default the Applicant shall be at liberty to exercise its power of Foreclosure/Sale in respect of the Mortgaged Property being Stand No. SID 9C/374 of Stand No. 11063, Libala Stage 3, Lusaka without further Court Order. Costs shall follow the Cause, to be taxed in default of agreement. • Dated this /' (h: ~ day of .. . i,r ~ ........................... { . Prisca M. Nyambe, SC ;U JUDGE 13