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Harare High Court
Alan Charles Patrick Ingram Lock v Elen Olivia Lock (née Fischer) and The Sheriff of Zimbabwe N.O.
HH 239-21
Case Details
Court
Harare High Court
Date
11 May 2021
Citation
HH 239-21
Neutral Citation
[2021] ZWHH 239
Outcome
unknown
Case Type
Application
Bench
Presiding
Muzofa J
Full Bench
Muzofa J
Areas of Law
Family LawBanking & Finance (currency issues)
Keywords
divorce ancillary orderjudgment debtSI 33/2019one-to-one conversionZambezi Gas
Tags
matrimonial property divisionjudgment debtcurrency conversionexecution of writ
legislation
Statutes Cited
- Finance Act
- Reserve Bank of Zimbabwe Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does a divorce-related monetary order expressed in USD constitute a \"judgment debt\" subject to SI 33/2019's 1:1 conversion rate?","issue_type":"mixed","dispositive":"yes","related_facts":"Order expressed in USD; dated 27 Sept 2017; payments made June 2020"}
- {"issue_text":"Did the applicant's RTGS payments at 1:1 fully discharge the obligation?","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant paid ZW$495 000 plus interest equivalent; SI 33/2019 applicable"}
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background
Facts of the Case
Background
In divorce case HC 979/15 the applicant was ordered to pay US$495 000 to his former wife. He later tendered ZW$495 000 and ZW$68 083, asserting full discharge under SI 33/2019. The first respondent rejected this, issued a writ for the USD balance, prompting the applicant to seek a declaration that his local-currency payments extinguished the obligation.
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