25/12/2025
Hezvo zvatichatengeserwa dzimba kuZimbabwe kumaCourt to pay off maDebts ekumaforeign countries kwatiri. Let this be a lesson to us all kuti u can run but cant hide. Imba yatoenda. Shame
The High Court of Zimbabwe has ruled in favour of British national Clayton Allen, granting the enforcement of a United Kingdom court judgment against Blessing Chinganga, a Zimbabwean citizen currently residing in the UK.
Justice Jacob Manzunzu authorised the attachment and sale of Ms. Chinganga’s immovable property in Norton to satisfy a debt of £5,684.03, plus interest, owed to Mr. Allen for outstanding rental arrears.
The legal dispute originated from a 2018 lease agreement regarding a residential property in Wolverhampton, United Kingdom. Mr. Allen initiated legal proceedings in the UK following a default on rental payments, resulting in a judgment in his favour from the County Court at Civil Money Claims on January 10, 2024.
After Ms. Chinganga failed to comply with the UK ruling, Mr. Allen sought to register and enforce the judgment within Zimbabwe.
Jurisdictional Objections Dismissed
Ms. Chinganga opposed the application, arguing that the High Court of Zimbabwe lacked jurisdiction to enforce the order. She contended that the United Kingdom is not a designated country under Zimbabwe’s Civil Matters (Mutual Assistance) Act. Additionally, she alleged that the UK judgment was obtained fraudulently in her absence and challenged the validity of the founding affidavit, which had been deposed by Mr. Allen’s legal practitioner.
Justice Manzunzu dismissed all preliminary objections. On the matter of jurisdiction, the judge clarified that foreign judgments may be enforced in Zimbabwe under common law principles, even if the originating country is not formally designated under the Act. The court noted that a foreign judgment constitutes a new cause of action provided it meets specific criteria, including finality, conclusiveness, and the jurisdictional competence of the issuing court.
Regarding the affidavit, the court ruled that legal practitioners are permitted to depose affidavits when the facts are within their personal knowledge regarding procedural matters.
“The alleged hearsay evidence is neither here nor there because the issue is whether the law allows the registration of a judgment obtained in a United Kingdom court,” Justice Manzunzu stated.
Enforcement and Ruling
The court found that the UK judgment was final, conclusive, and not contrary to public policy in Zimbabwe.
“The court cannot invalidate the decision of another competent court. The court can only register it for the purposes of enforcement,” the Justice ruled.
Consequently, the High Court granted Mr. Allen’s application, declaring Ms. Chinganga’s property at 444 Norton Road, Norton, specially executable to recover the debt.
While the court upheld the enforcement order, it denied Mr. Allen’s request for costs on the higher attorney-client scale. Ms. Chinganga has been ordered to pay standard legal costs in addition to the judgment debt. The decision affirms the High Court’s authority to register and enforce foreign judgments under common law where statutory mutual assistance treaties may not apply. - Zimbo LIVE Harare
