Court dismisses new claim over property already decided in UK divorce case

The High Court has dismissed a bid by a Bulawayo man to reopen a property dispute that was already determined by a United Kingdom court during divorce proceedings, ruling that the matter had been conclusively decided and could not be litigated again in Zimbabwe. In a judgment handed down by Justice Mpokiseng Dube, the court upheld a special plea of res judicata (a matter already judged) raised by Lungile Ndlovu against her former husband, Zibusiso Ndlovu, bringing to an end a fresh legal challenge over the couple’s assets. Zibusiso had approached the High Court seeking an order declaring him the sole owner of Stand 11707 Bulawayo Township, also known as 19 Britton Avenue, Paddonhurst, while asking the court to declare his former wife the exclusive owner of a property in Hopeville and to award the parties equal shares in a Mercedes-Benz ML320 vehicle. The court heard that the parties married in the United Kingdom in 2003 and later divorced through proceedings before the Family Court in Manchester under case number BV21D12140. A final divorce decree was granted on October 24, 2023. During those proceedings, the Manchester court ordered Zibusiso to pay his former wife US$25,000 in relation to the Paddonhurst property and dismissed his claim for a property adjustment order concerning the Hopeville property. Justice Dube noted that the UK judgment had since been registered and recognised by the High Court of Zimbabwe under a separate application, making it fully enforceable locally. The judge ruled that the issues raised in the fresh Zimbabwean action were identical to those already determined by the UK court. “From the facts of this matter I am of the respectful view that indeed this matter is res judicata,” Justice Dube said. The court found that the parties, the subject matter and the cause of action were all the same as those that had already been adjudicated upon in Manchester. “The plaintiff herein does not contest the decree of divorce. However, he seeks to have this court rehear or review the said court’s ruling on the division of spousal assets. He has not appealed in the United Kingdom nor has he sought a review,” the judge said. Rejecting arguments that the Zimbabwean case concerned proprietary rights rather than divorce proceedings, Justice Dube held that the UK court had properly exercised jurisdiction over the assets when distributing the matrimonial estate. “I am convinced that indeed these two claims are between the same parties, concerning the same subject matter, and founded on the same cause of action,” she said. The judge further emphasised that once the foreign judgment had been registered in Zimbabwe, it became binding and final. “The said order has since been registered as an order of this court. It can not be argued that it is of no force or effect. It is final,” Justice Dube ruled. Although the defendant sought punitive costs, the court declined the request, noting that the fresh summons had been filed before the UK order was formally registered in Zimbabwe. The court ultimately upheld the special plea and ordered Zibusiso Ndlovu to pay the costs of the proceedings. The dispute centred on the distribution of assets acquired during the parties’ marriage, including the Paddonhurst property in Bulawayo and a Hopeville property in Umguza. After relocating to the United Kingdom, both parties became resident there and submitted to the jurisdiction of the Manchester Family Court when divorce proceedings were instituted in 2021. The ruling reinforces the legal principle of res judicata, which prevents parties from relitigating disputes that have already been conclusively determined by a competent court. The judgment also highlights Zimbabwean courts’ willingness to recognise and enforce foreign divorce and property distribution orders once properly registered. The post Court dismisses new claim over property already decided in UK divorce case appeared first on NewZimbabwe.com .