Fauster Musukwa and Anor v Emmanuel J. Mwansa (1999/HP/1608) [2001] ZMHC 3 (26 December 2001)

IN THE HIGH COURT ZAMBIA 1999/HP/1608 AT THE PRINCIPAL REGISTRY AT LUSAKA (CIVIL JURISDICTION) BETWEEN: FAUSTERMUSUKWA 1 st Plaintiff BUTTERSON NYIMBILI (AS AD:MINISTRA TOR OF THE ESTATES OF WILLIAM MUSUKWA) 2nd Plaintiff AND El\01ANUELJ. MWANSA Defendant BEFORE lHE HONOURABLE MR. JUSTICE PETER CHITENGI IN CHAMBERS AT LUSAKA TIIlS 26TH DAY OF DECEMBER, 2001. For the Plaintiffs: Mhango Messrs Nyangulu & Co. For the Defendant: NIA JUDGMENT On the 29th September, 1999 I granted the Plaintiff an Ex Parte Order of Injunction restraining the Defendant from evicting the Plaintiff. After that the Plaintiffs advocate kept on asking for adjournment. Todate, the Inter Parte hearing has not taken place. The main action should even have been heard but to date there is no sign that the case is ready for trial. In the circumstances, and having regard to the fact that the Plaintiff never exhibited any contract of sale between the deceased William Musukwa on behalf of whose estate the action has been brought, I see no justification to continue the Ex Parte injunction because it is operating unfairly against the Defendant. In the event, I discharge the Ex Parte Injunction herein. Costs in cause. DONE IN CHAMBERS AT LUSAKA TIIlS 26rn DAY OF DECEMBER, 2001. 2