Enforcement of foreign judgements in Zimbabwe – March 2014
Commercial contracts are generally upheld and enforceable under Zimbabwean law. Illegal or immoral contracts or contracts contrary to public interest are not enforceable.
All options including put options are enforceable under Zimbabwean law.
A Zimbabwean resident can agree to dispute resolution process in another country including the United Kingdom. Zimbabwe ratified the New York Convention. Accordingly, arbitration awards made in another country including the United Kingdom are enforceable. If a foreign arbitral award were to be made, it would be registered in the same way as a foreign judgement. In the case of Tiiso Holdings (Pty) Limited versus Zimbabwe Iron & Steel Company Limited Judgement HH 95 of 2010, Mr Justice Patel pointed out that:
Recognition and Enforcement of Foreign Judgments
Under the common law, the general requirements for the recognition and enforcement of foreign judgments may be summarised as follows: (i) the foreign court in question had the requisite international jurisdiction or competence according to our law; (ii) the judgment concerned was final and has the effect of res judicata according to the law of the forum in which it was pronounced; (iii) the judgment must not have been obtained by fraudulent means; (iv) it must not entail the enforcement of a penal or revenue law of the foreign State; (v) it must not be contrary to public policy in this country; and (vi) the foreign court must have observed the minimum procedural standards of justice in arriving at the judgment.
Scanlen and Holderness is widely regarded as one of the premier law firms in Zimbabwe. Employing nineteen specialised lawyers (including ten partners), the firm is recognised for its professionalism and superior legal services.
As one of Zimbabwe’s oldest law firms and connected to an extensive African legal network through LEX Africa , Scanlen & Holderness draws from a solid knowledge of the local business environment and an in-depth understanding of the country’s complex socio-political climate. Essentially, this enables us to offer technical legal services of the highest calibre in the context of sound, practical advice.