CHISOMA v MTETWA (275 of 2025) [2025] ZWHHC 275 (25 April 2025)

CHISOMA v MTETWA (275 of 2025) [2025] ZWHHC 275 (25 April 2025)

The court found that there is a judgment debt arising from the divorce order, the method for ascertaining the amount due is clear, and the order was neither varied nor amended by the parties. The requirements for revival of the judgment were satisfied, justifying the revival of the 10 August 2017 order.

Source-derived case information.

Citation
[2025] ZWHHC 275
Parties
Applicant: Winnie Chisoma; Respondent: Kingsley Mtetwa
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
25 April 2025 27 June 2025 25 April 2025
Case Number
275 of 2025
Procedural Posture
Application for Revival of Judgment / Ruling on Opposed Application
Outcome
Application allowed
Legal Topics
Revival of Judgment, Enforcement of Consent Orders, Divorce Settlements
Source Language
english
Family Law Civil Procedure Revival of Judgment Enforcement of Consent Orders Divorce Settlements

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Parties

Winnie Chisoma

Applicant

Kingsley Mtetwa

Respondent

Procedural Posture

Application for Revival of Judgment / Ruling on Opposed Application

Legal Issues

  1. 1 Whether the court order of 10 August 2017 can be revived for execution
  2. 2 Whether the judgment debt is specified and outstanding
  3. 3 Whether the parties varied the terms of the court order by consent

Ratio Decidendi

The court found that there is a judgment debt arising from the divorce order, the method for ascertaining the amount due is clear, and the order was neither varied nor amended by the parties. The requirements for revival of the judgment were satisfied, justifying the revival of the 10 August 2017 order.

Court Disposition

Application allowed

Orders

  • The court order granted on 10 August 2017 under case number HC 1762/17 is revived as an executable order.
  • Respondent shall pay costs of suit.