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 1ST GARNISHEE INVESTRUST BANK PLC 2ND GARNISHEE BEFORE THE HON. MR JUSTICE JUSTIN CHASHI IN CHAMBERS ON THE 4TH DAY OF MARCH, 2015 For the Plaintiff: For the Defendant: For the 1st Garnishee: For the 2nd Garnishee _____________________________________________________________________________________ N/A N/A N/A 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 7th day of November 2014 and the Consent Order dated 18th 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 1st 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 4th day of March 2015 ------------------------------------- Justin Chashi HIGH COURT JUDGE