Abigail Makono (Nee Billie) v Charles Nyengera Makono and The Registrar of the High Court of Zimbabwe and The Sheriff for Zimbabwe

HH 638-25

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Case Details

Court

Harare High Court

Date

13 October 2025

Citation

HH 638-25

Neutral Citation

[2025] ZWHH 638

Outcome

unknown

Case Type

Application

Bench

Presiding

Dembure J

Full Bench

Dembure J

Areas of Law

Family LawCivil Procedure

Keywords

writ of executionconsent orderdivorce settlementproperty attachmentreciprocal obligations

Key Issues

{"issue_text":"Whether the writ of execution is irregular for seeking to execute against property registered in joint names","issue_type":"law","dispositive":"no","related_facts":"Property awarded to applicant but remains registered jointly"}
{"issue_text":"Whether the writ is invalid due to respondent's alleged breach of reciprocal obligations","issue_type":"law","dispositive":"yes","related_facts":"Respondent signed documents after writ issued"}

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background

Facts of the Case

Background

The applicant sought to set aside a writ of execution issued against her property for failure to pay US$600,000.00 as ordered in a consent divorce order. She claimed the writ was irregular because it sought execution against jointly-owned property and that the respondent had breached reciprocal obligations.

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