High Court Rules UK Judgment Against Zimbabwean National To Be Enforced Locally

British national Clayton Allen has won a legal battle to enforce a UK court judgment against Zimbabwean citizen Blessing Chinganga, who resides in the UK.

The County Court at Civil Money Claims had ordered Chinganga to pay £5,684.03 plus interest to Allen for unpaid rent on a Wolverhampton property. Since she failed to comply, Allen sought enforcement of the judgment in Zimbabwe.

Chinganga owns immovable property at 444 Norton Road, Norton, which the High Court has now declared specially executable to satisfy the debt.

She opposed the application, arguing that the Zimbabwean High Court lacked jurisdiction, that the UK judgment was obtained fraudulently in her absence, and challenging the validity of the affidavit filed by Allen’s lawyer.

High Court judge Justice Jacob Manzunzu dismissed all objections, ruling that foreign judgments can be enforced in Zimbabwe under common law, even if the country is not listed under the Civil Matters (Mutual Assistance) Act.

The judge confirmed that such judgments are enforceable if they are final, conclusive, and issued by a competent court.

He also ruled that legal practitioners may depose affidavits if they have personal knowledge of procedural facts. He said:

“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.”

Regarding enforcement, the court stressed that the UK judgment is final, conclusive, and does not contravene Zimbabwean public policy. Said Justice Manzunzu:

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

The court approved Allen’s application, allowing the sale of Chinganga’s Norton property to recover the debt.

A request for higher attorney-client costs was denied, leaving Chinganga liable for standard legal costs in addition to the judgment debt.

The ruling confirms the High Court’s power to register and enforce foreign judgments under the Civil Matters (Mutual Assistance) Act and common law, provided they meet legal requirements.

More: The Herald