Judiciary Spokesperson, Kondwani Banda, told Zodiak Online this afternoon, Justice Michael Tembo, has delivered the judgement in question due to failure by defendants to file for defence within the stipulated period.
“I can confirm that indeed there being no defence within the stipulated period, judgement in default has been entered,” explained Banda.
According to Banda, “after being served with summons, the other party has 14 days to file for defence and after another 14 days, the other party can file for a default judgement,” said Banda.
He was however quick to say the defendants can still apply to the court to set aside the default judgement for defence if they have proper reasons for their failure to file for defence within the stipulated time.
The judgement in our possession, signed by the court’s Registrar on August 10, 2022, has declared that the first claimant in the case, Hardwick Lupiya, is the rightful Traditional Authority Mbenje.
The court has further declared that Mphondozi family is the one to produce a person to ascend the chieftaincy.
It also orders elders of the Kaphache, Kufakwina, mphondozi, and Makonzalendo, royal families, to convene a meeting and appoint a person to ascend to the chieftaincy in the event that there are misunderstandings.
The High Court through default judgement, has permanently restrained first defendant Tsamba, either by himself, his servants or agents or whosoever from exercising chieftaincy powers as T/A Mbenje or enjoying any rights or privileges.
“Or entitlements accruing to the position of T/A Mbenje and/or the defendant from interfering or continuing to interfere with the claimant’s exercise of chieftaincy powers over T/A Mbenje and/or doing anything with the like effect.”
Prosper Tsamba, is the first defendant, District Commissioner, second defendant, while Traditional Authorities Malemia, Chimombo and Nyachikadza, are third, fourth and fifth defendants respectively.