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Harare High Court

Evangelista Dionisio v George Frangoulis

HH 321-21

Case Details

Court
Harare High Court
Date
30 June 2021
Citation
HH 321-21
Neutral Citation
[2021] ZWHH 321
Outcome
unknown
Case Type
Application

Bench

Presiding
HUNGWE J
Full Bench
HUNGWE J
Areas of Law
Civil ProcedureDebt Enforcement
Keywords
civil imprisonmentjudgment debtmeans inquirywillful refusal to pay
Tags
civil imprisonmentdebt collectionenforcement of judgment
legislation
Statutes Cited
  • High Court Act
  • High Court of Zimbabwe Rules, 1971
  • High Court of Zimbabwe Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the respondent has the means to pay the judgment debt","issue_type":"fact","dispositive":"yes","related_facts":"Respondent's offer of USD 200 monthly; previous agreement to sell flat; father's letter offering to sell flat"}
  • {"issue_text":"Whether civil imprisonment should be ordered under Order 41 r 370A","issue_type":"law","dispositive":"yes","related_facts":"Court's finding that respondent is able but unwilling to pay"}
  • {"issue_text":"Whether s 16 of the High Court Act applies to excuse respondent from payment","issue_type":"law","dispositive":"yes","related_facts":"Respondent's claim of inability to pay"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant obtained a judgment against the respondent for USD 56,640 plus interest and costs. After unsuccessful execution attempts, the applicant sought civil imprisonment. The respondent claimed inability to pay, offering USD 200 monthly from his USD 250 allowance, but the court found he had means through his interest in a flat that parties had previously agreed to sell to satisfy the debt.
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