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"}
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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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