This summons was drafted by XYZ Advocates 9th Floor, Premium House, LUSAKA Advocates for the Plaintiff The summons must be supported by an Affidavit i.e. Affidavit in Support of an Ex Parte Summons For an Order for the Arrest of an Absconding Defendant/Debtor The affidavit must show full compliance with the requirements of s. 10 of Cap 77. I.e. Must satisfy the court that you have a good cause of action against the defendant to the amount of K ____________. The court must be satisfied that there is probable cause that the defendant is about to quit Zambia That, if the defendant leaves Zambia, the plaintiff will be prejudiced in the prosecution of his case. If the reason for applying is that the defendant has or is about to dispose of or remove property (or part thereof) from Zambia, the affidavit must disclose that this has been done or is contemplated with the intent to obstruct or delay the execution of the judgment that may be entered in favour of the plaintiff. If the court is satisfied with the reasons in the affidavit, it will proceed to order the arrest and imprisonment of the defendant for a period not more than 6 months and the order will have the option for the defendant to provide the court with sufficient security to the amount claimed and an undertaking that he will not leave the country without the leave of the Court. As soon as the court is furnished with sufficient security, it will order the release of the defendant from custody. [Note: an injunction is to avoid irreparable damage not to recover a debt.] Section 10 has two provisos: The court may release the defendant at any time on such terms as may seem just and in any event no such defendant will be detained in custody AFTER the date of final judgment.
This summons was drafted by XYZ Advocates 9th Floor, Premium House, LUSAKA Advocates for the Plaintiff The summons must be supported by an Affidavit i.e. Affidavit in Support of an Ex Parte Summons For an Order for the Arrest of an Absconding Defendant/Debtor The affidavit must show full compliance with the requirements of s. 10 of Cap 77. I.e. Must satisfy the court that you have a good cause of action against the defendant to the amount of K ____________. The court must be satisfied that there is probable cause that the defendant is about to quit Zambia That, if the defendant leaves Zambia, the plaintiff will be prejudiced in the prosecution of his case. If the reason for applying is that the defendant has or is about to dispose of or remove property (or part thereof) from Zambia, the affidavit must disclose that this has been done or is contemplated with the intent to obstruct or delay the execution of the judgment that may be entered in favour of the plaintiff. If the court is satisfied with the reasons in the affidavit, it will proceed to order the arrest and imprisonment of the defendant for a period not more than 6 months and the order will have the option for the defendant to provide the court with sufficient security to the amount claimed and an undertaking that he will not leave the country without the leave of the Court. As soon as the court is furnished with sufficient security, it will order the release of the defendant from custody. [Note: an injunction is to avoid irreparable damage not to recover a debt.] Section 10 has two provisos: The court may release the defendant at any time on such terms as may seem just and in any event no such defendant will be detained in custody AFTER the date of final judgment.