Izwe Loans Zzambia Plc v Mr Ali, Mr Njovu and Mr Siame Trevor (2023/HP/1584) [2023] ZMHC 52 (15 December 2023)

IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) 2023/HP/1584 IZWE LOANS ZAMBIA PLC PLAINTIFF AND MR ALI MR NJOVU MR SIAME TREVOR Before Honourable December 2023. .o,n:~ ""'- •~ - DEFENDANT DEFENDANT DEFENDANT a in Chambers on 15t h For the Plaintiff Mr. F. Besa of Friday Besa & Associates For the Defendant: N/ A RULING I have considered the application for a default judgment filed by the Plaintiff. I decline to grant the application for 2 reasons. Firstly, the primary order sought is for direction to the Zambia Police to release a motor vehicle subject of these proceedings. The Attorney General was not made a party to the proceedings. It is immaterial that the police was made aware of the matter through the interim preservation order and have not taken steps to join the proceedings through the Attorney General. An application for joinder could have been made by the Plaintiff. Secondly, although the Plaintiff does not specifically include a prayer for a declaration, the nature of the case necessarily demands such declaration of entitlement to be made for the judgment to be effectual. In this case, that the Plaintiff is the rightful owner of the vehicle. This invariably necessitates that the matter proceed to trial notwithstanding the failed appearance by the Defendants on record, for the Plaintiff to prove such ownership. In light of the above, and in exercise of my discretion pursuant to Order 3 rule 2 and 14 (5) (1) of the High Court Rules Cap 27 of the Laws of Zambia, I order the joinder of the Attorney General to these proceedings as 3 rd Defendant. Orders for directions to bring the matter to trial will issue in the next 5 days of course taking into account that this is the vacation period and Law firms go on recess. The timelines issued will reflect this and indicate the next date for a scheduling conference. I make no order as to costs. r{L Dated at Lusaka the ....................... day of .................... 2023. !~ J JUDGE.