By GRACE CHAILE-LESOETSA
THE Lusaka High Court has restored to the active cause list the application by Horizon Education Trust Limited to dismiss the bill of costs demanded by the State.
This is according to an ex-parte order to restore application to dismiss bill of costs to the active cause list granted to Horizon school.
“Upon hearing counsel for the applicant and upon reading the affidavit in support thereof it is hereby ordered that the application to dismiss bill of costs be and is hereby restored to the active cause list,” ordered Ms Justice Ruth Chilembo.
The matter comes up on October 26, for hearing of the application.
Horizon Education Trust limited is seeking judicial review challenging the Government’s decision to compulsorily acquire its premises in Lusaka’s Kabulonga area where Horizon School is located.
On June 20, this year, the school’s application to dismiss the state’s bill of costs was struck out with liberty to restore within seven days.
In an affidavit in support of summons to restore application to dismiss bill of costs to the active cause list, lawyer representing Horizon School Susan Phiri said the failure to attend on the part of the applicant’s advocates was not intentional.
Ms Phiri explained that the non attendance was not deliberate or in any way intended to disrespect the court but was due to illness.
Ms Phiri said that Horizon Education Trust was unable to make alternative arrangements to have another advocate as they had prior scheduled engagements before the constitutional court.
She said that it was the first time the applicant was unable to attend due to circumstances beyond control.
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