Steven Mambo Moonga Naluvwi and Anor v Attorney General and Ors (2015/HP/325) [2019] ZMHC 37 (7 August 2019)

IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (CIVIL JURISDICTION) STEVEN MAMBO MOONGA NALUVWI SMART KALONGA AND ATTORNEY GENERAL PATSON KUNDA EDSON DAKA HARRY KANY AMA R - ISTR 2015/HP/325 1 ST PLAINTIFF 2ND PLAINTIFF 1 ST DEFENDANT 2ND DEFENDANT 3RD DEFENDANT 4TH DEFENDANT Before: The Plaintiffs: . Mr. Justice Charles Zulu. Both in Person. For the first Defendant: Ms. C. S. Mulenga, Acting Assistant Senior State Advocate. The 2nd, 3rd and 4th Defendants: No Appearance. RULING Statutes referred to: 1. Rules of the Supreme Court (RSC) (White Book 1999 Edition), Order 13 r. 6 and Practice direction para. 13/6/2 (White Book) This ruling is in r espect of preliminary issues raised by the first Plaintiff. And a brief history of this matter is that initially the matter was comm enced by way of originating summons by the first Plaintiff, Steven Maambo Moonga Naluvwi on July 11, 2011, and by then the matter was before the Honourable Lady Justice C. B. Phiri. The dates of hearing were set and d espite being served with process and several notices of hearing, -R2- the Defendants failed or neglected to oppose th e originating process. Consequently, in 2 0 13, the first Plaintiff was granted the or der below: ORDER UPON READING the Affidavit of Steven Maambo Moonga Naluvwi filed herein and upon HEARING Counsel for the Applicant and there being no Affidavit in Opposition herein, IT IS HEREBY ADJUDGED as follows namely that: 1. The Applicant herein, STEVEN MAAMBO MOONGA NALUVWI BE and is Herby declared the rightful owner of properties Known as FARM NOS. L/ 21033/M, L/ 21034/M AND L/ 21035/M, CHILANGA, as well as the land on which is a private access road to the said pieces of land; 2. All documents relating t o tit le to the said land be completed in the name of the Applicant ; and 3. Costs of or incidental hereto to be borne by the Respondents. Dated 2 nd August 2013 Signed. Hon. Justice C. B . Phiri In 2014, the matter was re-allocated to the Honourable Mr. Justice M. Chitabo SC, who subsequently set aside the above stated order on application by the first Defendant. And the matter was thus deemed to have been commenced by writ of summons and an Order for Directions was issued dated December 26, 20 18. The Plaintiffs and the first Defendant (Attorney General), complied with the Order for Directions, however, no appearance or defence was filed by the second, third and fourth Defendants. -RS- erstwhile conduct of the matter. Concomitantly, there is no conduct or action done or omitted to be done by the Defendants to warrant entry of judgment in favour of the Plaintiffs by default procedure to justify termination of further proceedings. In view of the foregoing, this application is without merit and is dismissed, and the plaintiff is forthwith urged to redirect his attention to have the matter heard on its merit expeditiously. I make no order as to costs. DATED THIS 7TH DAY OF AUGUST, 2019 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE HON. MR. JUSTICE CHARLES ZULU HIGH COURT JUDGE