Woman ordered to pay ex-husband US$600k divorce settlement

The High Court has dismissed an application by Abigail Makono seeking to halt the execution of a US$600,000 divorce settlement owed to her ex-husband, Charles Makono, describing the challenge as "manifestly groundless" and an abuse of court process.

In a judgment delivered on October 16, Justice Regis Dembure ordered Abigail to pay legal costs on a higher practitioner–client scale, stressing that the judiciary would not tolerate attempts to evade compliance with binding court orders.

"The court will not tolerate anyone attempting to evade compliance with its orders," said Justice Dembure in his ruling.

The dispute stemmed from a consent order issued in April 2025, which required Abigail to pay her ex-husband US$600,000 in exchange for properties allocated to her as part of the divorce settlement. However, instead of honouring the payment, Abigail sought to invalidate the writ of execution, arguing that Charles had not signed certain property transfer documents.

Justice Dembure dismissed her claims, noting that Charles had already fulfilled his obligations by signing and submitting the necessary documentation.

"A party that has failed to fulfil its own obligations in terms of the consent order cannot seek to enforce the obligations of the other party," ruled the judge.

The court further noted that Abigail's legal representative, Mr. Chivhenge, later withdrew some of the initial arguments, conceding that allegations regarding the improper mixing of movable and immovable property were baseless.

"There should be no debate at all. A litigant who has defied an order of court cannot, in the same breath, seek the court's assistance to avoid paying," Justice Dembure added.

The ruling reinforces the binding nature of consent orders and underscores the judiciary's firm stance against litigants who attempt to use legal technicalities to delay or avoid fulfilling financial obligations arising from divorce settlements.