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COF Colleges Seminary and Universities has asked the Lusaka High Court to stay the execution of a default judgment entered in favour of Nkana College of Education and Health Sciences (NCEHS), arguing that it was never served with court documents and had a valid defence to the K5.5 million claim.
In an affidavit supporting an inter partes summons, ICOF Vice Chancellor Charles Mwape said the lawsuit was commenced on August 27, 2025, and that the court entered judgment in default of appearance and defence on March 19, 2026.
Mwape contended that the originating process was never served on the institution, resulting in its failure to enter appearance and file a defence.
He further argued that ICOF was not personally served with the default judgment and only became aware of the proceedings after judgment had already been entered.
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Mwape told the court that the institution’s failure to file a defence was neither deliberate nor intended to undermine the court but was influenced by a Memorandum of Understanding (MoU) between the parties, which provided that disputes would be resolved amicably outside court.
He said ICOF had a meritorious defence, denying that it owes NCEHS K5,548,800 or that it breached the agreement between the parties.
“The defendant has a defence on merit in which it effectively denies ever owing the plaintiff the sum of K5,548,800 and breaching the contract entered into by the plaintiff and the defendant,” Mwape stated.
Mwape said the institution had since filed an application to set aside the default judgment and argued that unless execution was stayed, that application would be rendered nugatory.
“Unless the default judgment is stayed pending the hearing of the application to set it aside, the application will be rendered an academic exercise and nugatory,” he said.
He submitted that NCEHS would suffer no prejudice if execution were stayed and the judgment set aside.
“No prejudice would be occasioned to the plaintiff in staying execution and setting aside the judgment in default of appearance and defence. Instead, the interests of justice would be served as all parties will have an opportunity to present their case,” Mwape said.
The application arises from a dispute over unpaid tuition fees allegedly owed under an MoU in which ICOF undertook to sponsor Christian students enrolled at NCEHS.
NCEHS had earlier obtained default judgment after asserting that ICOF failed to enter appearance or file a defence despite being served with the court process.
The college is seeking K5,548,800 in outstanding tuition fees, damages for breach of contract, interest and costs.
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