Indo Zambia Bank Limited v Lighthouse Investment Limited and Others (HP/D 165 of 2013) [2017] ZMHC 131 (25 October 2017)

IN THE HIGH COURT FOR ZAMBIA (cid:9) 2013/HPC/0460 AT THE COMMERCIAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) r BETWEEN: INDO ZAMBIA BANK LIMITED JUDGMENT CREDITOR AND LIGHTHOUSE INVESTMENT LIMITED THEMSEN INVESTMENT LIMITED STANBIC BANK ZAMBIA LIMITED FINANCE BANK ZAMBIA PLC BARCLAYS BANK ZAMBIA PLC 1ST DEFENDANT 2 NDDEFENDANT 1ST GARNISHEE 2ND GARNISHEE 3RD GARNISHEE Before (cid:9) Hon. Lady Justice Dr. W. S. Mwenda in Chambers at Lusaka this 25t1 day of October, 2017. For the Judgment Creditor (cid:9) - (cid:9) Mr. M. Ndhlovu of Messrs. MRN Legal Practitioners For the 1 and 21u1 Judgment Debtors - No Appearance For the 1" Garnishee (cid:9) For the 2nd Garnishee (cid:9) - - For the 3rd Garnishee No Appearance Mr. L. Mudenda of Messrs. Tembo Ngulube and Associates, Mr. R. Mukuka of Messrs. Robert & Partners. GARNISHEE ORDER ABSOLUTE WHEREAS the Judgment Creditor at the Supreme Court of Zambia Holden at Lusaka on the 7" day of July, 2016 obtained a Judgment against the Judgment Debtors for the total sum of ZMW400,000.00 with interest to date of final payment and legal costs and the judgment debt remains due and payable. (cid:9) (cid:9) (cid:9) (cid:9) (cid:9) (cid:9) AND WHEREAS a Summons to Garnishee was issued by the Judgment Creditor on 1111, October, 2016 returnable on 291h November, 2016 summoning the 1st, 2nd and 31 Garnishees to appear before the Court and show cause why an Order should not be made upon the said Garnishees for payment to the Judgment Creditor or so much thereof as would satisfy the debt due under the said Judgment and the Judgment Creditor's costs of these proceedings. AND WHEREAS the said Garnishees were notified that from and after service of the Summons to Garnishee upon them, all such debts were attached to them to answer the said Order and a Garnishee Order To Show Cause having been filed and served on the said Garnishees on 11th November, 2016 directing that all monies due from the Garnishees that are being held for the Judgment Debtors or accruing from the Garnishees to the Judgment Debtors be attached to answer the judgment recovered against the said Judgment Debtors. IT IS ORDERED that the above named 2 Garnishee pay to the Judgment Creditor the sum of ZMW10,887.54 from Account No. 00906138930061 held at the 2 Garnishee's Arcades Branch and the 3" Garnishee pay the US$431.44 held in the 3rd Garnishee's account No. 01-1065902 and ZMW19,678.02 held in account No. 16-1744492 which sums were duly attached to answer the Garnishee Order Nisi. In default of compliance with this Order execution may issue for the attached amounts as if they were due from the Garnishees to the Judgment Creditor as a Judgment of the Court. Dated at Lusaka this 25th day of October, 2017. W. S. Mwenda Mr) HIGH COURT JUDGE 2