UK COURT JUDGEMENT ENFORCED IN ZIM

A British national, Clayton Allen, has won a major legal victory, securing the right to enforce a UK judgment against Blessing Chinganga, a Zimbabwean citizen living in the United Kingdom.

The decision marks a development in the cross-border legal battle, paving the way for Mr Allen to pursue what the court has now affirmed is rightfully his.

The judgment, originating from the County Court at Civil Money Claims, orders Ms Chinganga to pay £5 684,03 plus interest to Mr Allen for outstanding rental arrears.

Ms Chinganga’s immovable property in Zimbabwe, located at 444 Norton Road, Norton, has been declared specially executable to satisfy the debt.

The dispute arose from a lease agreement between Mr Allen and Ms Chinganga in 2018, involving a property in Wolverhampton, UK.

Mr Allen alleged that Ms Chinganga defaulted on rental payments, prompting him to pursue legal action in the UK, where a judgment was issued in his favour on January 10, 2024.

However, Ms Chinganga failed to comply with the UK court’s ruling, leading Mr Allen to seek enforcement of the judgment in Zimbabwe.

Ms Chinganga opposed the application, arguing that the High Court lacked jurisdiction, as the United Kingdom is not a designated country under Zimbabwe’s Civil Matters (Mutual Assistance) Act.

She also claimed the UK judgment was obtained fraudulently and in her absence. Additionally, she raised objections to the validity of the founding affidavit, which had been deposed by Mr Allen’s legal practitioner.

However, High Court judge, Justice Jacob Manzunzu dismissed all preliminary objections raised by Ms Chinganga. On the question of jurisdiction, the judge clarified that foreign judgments can be enforced in Zimbabwe under common law, even if the originating country is not designated under the Act.

Citing precedents, the court noted that a foreign judgment serves as a new cause of action if it meets specific criteria, including finality, conclusiveness, and jurisdictional competence of the issuing court.

Addressing the affidavit objection, Justice Manzunzu ruled that legal practitioners can depose affidavits when they have personal knowledge of procedural facts.

He stated, “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.”

On the matter of enforcement, the court emphasised that the UK judgment was final, conclusive, and not contrary to public policy in Zimbabwe.

Justice Manzunzu stated, “The court cannot invalidate the decision of another competent court. The court can only register it for the purposes of enforcement.”

The court granted Mr Allen’s application, authorising the sale of Ms Chinganga’s Norton property to recover the debt.

However, a request for costs on a higher attorney-client scale was denied. Ms Chinganga is now liable for standard legal costs in addition to the judgment debt.

The decision reaffirms the High Court’s authority to register and enforce foreign judgments under both the Civil Matters (Mutual Assistance) Act and common law principles, provided the judgments meet legal criteria. Herald

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