By CHARLES MUSONDA
PCP Mining fights court verdict over $633, 000 award
PCP Mining Suppliers Limited has appealed to the Court of Appeal against the Ndola High Court’s decision to set aside a judgment in default of defenceentered in favour of the company in a case it claimed US$633, 011.00 from Zamm Imports Limited.
In this case, PCP Mining Suppliers Limited sued Zamm Imports Limited for failing to pay the US$633,011.00 spent on material, design and manufacturing of an ultimate flotation plant on behalf of the respondent.
After PCP Mining commenced the action, on May 28, 2020 Ndola High Court Judge Yvonne Chembe entered the judgment in default of defence in favour of PCP Mining in the sum of US$633,011.00 together with interest at the then bank lending rate until date of full payment plus costs to be taxed in default of agreement.
But on June 2, 2020 Zamm Imports Limited applied to the court to set aside the judgment in default of defence on the ground that an application to dismiss PCP Mining’s action for irregularity had been filed on May 21, 2020.
On August 21, 2020 Ms. Justice Chembe accepted that there was no default on the part of Zamm Imports Limited and that the company had filed its application to set aside PCP Mining’s writ of summons 15 days after the judgment was delivered and as such was within time.
The court thus granted Zamm Imports Limited the application to set aside the default judgment, the decision which PCP Mining Suppliers Limited has challenged in the Court of Appeal.
In its heads of arguments filed by its lawyer Enias Chulu, PCP Mining contends that Ms. Justice Chembe erred in law and in fact when she held that a conditional appearance to defend excused Zamm Imports Limited from filing a defence until the action to dismiss PCP Mining’s action was disposed of.
Mr. Chulu has also submitted that the Judge erred when she set aside the judgment in default of defence relying on application to set aside PCP Mining’s action, which application had by order of the Registrar become defunct, as a basis for setting aside the default judgment in the complete absence of a defence on merit.
The Court of Appeal has reserved judgment to a later date to be communicated to the parties.
