THE Lusaka High Court has entered judgment in default of appearance against PR GIRL Media Limited, organisers of the Lusaka July Festival, in a matter AB Bank is demanding over K500,000 mortgage obtained from the financial institution. The court entered the judgment in default in favour of AB Bank, ordering the respondents to immediately pay K535,950.
The money is an outstanding balance on credit facilities advanced to PR Girl Media and guaranteed by its directors. This is in a case the bank was also seeking a court order for mortgageein-possession sale for subdivision A of stand number 1275. A mortgagee-in-possession sale involves a lender taking possession of a home to sell it with the intention of paying out or reducing the debt on the property.
But last month, AB Bank asked the court to enter a default judgment against the respondents for their family to file defence in the matter. Default judgment is entered in favour of a plaintiff when the defendant has not responded to a summons or has failed to appear in court.
In an affidavit in support of ex parte summons to enter judgment in default of appearance, Kaunda Chileya, AB Bank’s in-house lawyer, said the financial institution sought legal action against PR Girl Media Limited and its directors, Tonga Agnes, Nyambe Abigail and Nyambe Monde.
Mr Chileya stated that the lawsuit was over mortgaged property subdivision A of stand 1275 in Lusaka for the immediate payment of money due under a loan facility. He contended that at the time of the application, the respondents had not defended their case. The High Court has granted AB Bank’s plea for a judgment in default. The court ordered that the mortgage created by PR Girl Media be enforced by an order of foreclosure, vacant possession and sale of subdivision A of stand 1275