Chilosha v Attorney General (COMP 76 of 2016) [2016] ZMIC 19 (1 June 2016)

IN THE HIGH COURT FOR ZAMBIA HOLDEN AT THE NDOLA DISTRICT REGISTRY INDUSTRIAL/LABOUR DIVISION BETWEEN: PAUL CHILOSHA COMPLAINANT COMP/6/2016 AND THE ATTORNEY GENERAL RESPONDENTS BEFORE: Hon. Judge E. L. Musona For the Complainant: Mr. R. Ngulube of Messrs Tembo Ngulube & Associates For the Respondents: Mr. S. Somboshi - State Advocate Date: rt June, 2016 RULING I have heard both parties. The record will show that the Respondents have never been serious with this case. I say so because initially they failed or declined or neglected to file an Answer to the Complaint within the prescribed 21 days. At that stage they should have been debarred from taking any further part in these proceedings as per rules of this court/division. I exercised lenience and allowed them to file their Answer Out of Time. . . R2 On 29th February, 2016 the Respondents did not attend court to prosecute their own application to file Answer Out of Time, and did not communicate to court the cause for their failure to attend court. Infact, Leave to file Answer Out of Time was granted to them in their absence and without them arguing their case but because I wanted the matter to be heard on merit. That shows lack of seriousness by the Respondents. Today counsel for the Respondents has come without their witness and wants an adjournment. I will allow the adjournment though reluctantly and sadly but with a strong warning that on the next sitting if the Respondents will not be ready I shall adjourn the matter for judgment because I have already given them enough time. 16th June, 2016 at 09.00 hours the whole day. Delivered at Ndola this the pt June, 2016. ~'--<!.c;;---->'.: Hon. E. L. Musana JUDGE