JOYLEEN TATSIDZA MAKIWA (NEE TEKERE Versus MOSES JUNIOR JOHN ROSS MAKIWA

HB 151/23

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Case Details

Court

Bulawayo High Court

Date

27 July 2023

Citation

HB 151/23

Neutral Citation

[2023] ZWHB 151

Outcome

unknown

Case Type

Application

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA J

Areas of Law

Family LawContract LawCourt Practice and Procedure

Keywords

CondonationLate filingDivorce settlementForeign currency paymentProperty divisionCourt order rescission

Key Issues

{"issue_text":"Whether applicant should be condoned for late filing of rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"5-month delay, explanation for delay, prospects of success"}
{"issue_text":"Whether applicant can lawfully pay respondent's 40% share in local currency instead of USD","issue_type":"law","dispositive":"yes","related_facts":"Exchange control regulations, consent agreement, court order"}
{"issue_text":"Whether court order should be rescinded to allow payment in local currency","issue_type":"law","dispositive":"yes","related_facts":"Voluntary assumption of obligation, agreement terms"}

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background

Facts of the Case

Background

Parties were married and divorced on 19 May 2022. Court granted order dividing immovable property (House No. 1449 Mahatshula North, Bulawayo) with applicant getting 60% and respondent 40%, requiring applicant to pay respondent US$70,000 for his 40% share within 60 days. Applicant sought to pay in local currency instead of USD, leading to this condonation application for late filing of rescission application.

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