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Appointment of Executor, Trustee and Curator re: Removal , Resignation, Renunciation and Discharge Qua Executor

Appealed
SC27-08 : JOSHUA KADENGU and LAMECK KADENGU and ROSA KADENGU vs OLGA KADENGU and RICHARD CHIMBARI and MASTER OF THE HIGH COURT
Ruled By: SANDURA JA, ZIYAMBI JA and GARWE JA

The Master of the High Court has no power to appoint a trustee so that if a trustee appointed in a Will has renounced his appointment, or the trustee is incompetent, or, having been appointed, is for some reason no longer acting, or, if a testator has created a trust ...
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HH183-12 : ALEX CHIMHOWA and OTHERS vs JOYCE CHIMHOWA (nee MASUKWEDZA) and FREMUS EXECUTOR SERVICES (PVT) LTD (N.O.) and MASTER OF HIGH COURT (N.O.) and CITY OF HARARE (N.O.)
Ruled By: CHIWESHE JP

This is an application to review the actions of the second and third respondents with regards the distribution of the estate of the late Lloyd Chimhowa, who died intestate on 3 December 2007.At the time of his death, the deceased was married to the first respondent, Joyce Chimhowa, in terms ...
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HH03-10 : ESTHER MWANYISA vs ENETI JUMBO and ISABEL SAMURIWO and MTIKUMBURA MOFFAT and THE CITY OF HARARE and THE MASTER OF THE HIGH COURT and ANOTHER
Ruled By: MAKARAU JP

It is worth noting that the first respondent did not seek to challenge the appointment of the late Lekinala Moffat as heir to her husband's estate. She accepted the position, and only sought to assert her rights to the property after the death of Lekinala Moffat. For the court to reverse that state of affairs, ...
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HH113-10 : KUDZANAYI KATSANDE vs RAZMOND KATSANDE (as executor Estate Norman Katsande) and WILFRED MAGWAZA and MASTER OF THE HIGH COURT N.O and CHITUNGWIZA MUNICIPALITY
Ruled By: CHITAKUNYE J

The applicant is one of the two surviving children of the late Norman Katsande and a beneficiary to his estate. He also purported to be acting on behalf of the other surviving child of the late Norman Katsande, namely, Milenda Tinashe Katsande who is still a minor. The first respondent is a brother to the late ...
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HH197-10 : ABDULLAH ISMAIL KASSIM (in his capacity as Executor Dative of the Estate of Ralph Simon Lapin) vs MATTHEWS MUKWAWAYA
Ruled By: PATEL J

In practice, the duties of an executor only terminate when the estate has been fully distributed and proof of such distribution or transfer to the beneficiaries has been furnished to the Master of the High Court.
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HH209-10 : PETER NYANDORO vs CHRISTOPHER MUKOWAMOMBE and JULIA MUKOWAMOMBE and MASTER OF THE HIGH COURT
Ruled By: GUVAVA J

The next issue to be determined is whether the first respondent should be removed as executor of the estate. It is trite that a beneficiary to an estate may apply, at common law, for the removal of an executor. It is not in dispute that being the surviving spouse of the deceased the applicant is a ...
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HH218-10 : KENIAS MUTYASIRA vs BARBRA GONYORA
Ruled By: CHITAKUNYE J

This matter was referred to me in chambers in terms of the provisions of Order 38, Rule 313 of the High Court Rules, 1971. The basic background is as follows - In 1976, the late Muchineripi Rishon Gonyora…, married the respondent in terms of the African Marriages Act [Chapter 5:07]. The late Muchineripi Rishon Gonyora ...
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HB88-11 : DEBORAH NGWENYA and NDABEZINHLE NGWENYA and NQOBIZITHA NGWENYA and NOMATHAMSANQA NGWENYA vs GLORY MPOFU N.O. and SIPHATHISIWE NCUBE and ASSISTANT MASTER OF THE HIGH COURT
Ruled By: KAMOCHA J

The first applicant, Deborah Ngwenya, is the biological mother of the second, third and fourth applicants. She and her three children seek an order of this court in these terms:- “It is ordered: 1. That the purported winding up of the estate late Ronnie Ngwenya under DRB Number 325/08 be and is hereby nullified; 2. That the appointment of the ...
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HH192-14 : LOVENESS MASEKO vs ESTATE LATE PHILLIP MUNEMO and PROSPER MUNEMO and EVANS MUNEMO and PORTIA MUNEMO and CHITUNGWIZA MUNICIPALITY and MASTER OF HIGH COURT
Ruled By: MAKONI J

The appointment of the third respondent as executor dative was done when the second respondent had not been removed as an executor. This can be done in terms of the provisions of section 117 of the Administration of Estates Act [Chapter 6:01].
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HH77-15 : JONASI DONDO N.O. vs MAGNA MUGANHIRI and RICKY KANDEMWA and MASTER OF THE HIGH COURT and THE REGISTRAR OF DEEDS
Ruled By: TSANGA J

An executor remains in office unless and until they have been lawfully relived of their duties, whether statutorily at the instance of the Master, or at the instigation of a beneficiary under common law. See F Katirawu v D Katirawu 2007 (2) ZLR 64….,. Where a person deems themselves to be a beneficiary then they must register their claim with ...
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HH06-09 : MARIA KATSIGA vs HILDA CHARLIE and NYASHA MACHAKAIRE and MASTER OF HIGH COURT and REGISTRAR OF DEEDS
Ruled By: KUDYA J

The second defendant…, opposed his removal on the basis that he acted professionally in administering the estate. It is now accepted in our law that there are two ways in which an executor may be removed from office. The first is by the Master, in terms of section 117(1) of the Administration of Estates Act, and, the ...
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HH198-16 : TANIA ROCHE (as Curator Bonis of Anita Bruk-Jackson) vs IAN MIDDLETON (as Testamentary Executor to Estate Late Chester Bruk-Jackson) and THE MASTER OF THE HIGH COURT
Ruled By: CHITAKUNYE J

In Clause 2, the applicant seeks an order that the first respondent returns to the applicant's estate US$225,000= being rentals expended by the deceased from Anita June Bruk-Jackson's immovable property and US$100,344= being an equivalent of the devaluation of the immovable property. The sums were derived from what the applicant said were rentals for the period the deceased ...
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HH172-15 : TAWANDIRA MUZUNGU and OTHERS vs BLANDINA MUZUNGU and THE MASTER OF THE HIGH COURT and THE DIRECTOR OF HOUSING MARONDERA MUNICIPALITY
Ruled By: CHITAKUNYE J

The applicants approached this court seeking:- 1….,. 2….,. 3. That the first respondent be removed from the office of executrix and a neutral executor be appointed by the second respondent to administer the estate in accordance with the Administration of Estates Act [Chapter 6:01]; and 4….,. The applicants' basis for seeking the above order was that the first respondent had misrepresented to the ...
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SC133-19 : EGA SANSOLE N.O. and CECILIA NEHWATI and THE ASSISTANT MASTER - HIGH COURT vs CHARLES NCUBE and ANNE NCUBE and NEGOLOBELO NEHWATI and MANO NEHWATI
Ruled By: CHIDYAUSIKU CJ, ZIYAMBI JA and MALABA JA

The deceased signed and executed a Will on 14 December 1990. The Will was prepared by the first appellant who is a legal practitioner and a former friend of the deceased. In terms of the Will, the first appellant is the executor of the deceased's estate and the second appellant is the main beneficiary. The second appellant is ...
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Appealed
SC52-20 : NEWTON DONGO vs JOYTINDRA NAIK and HEMENT NAIK and BABNIK INVESTMENT PL and CLINVEST INVESTMENT PL and MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS OFFICE
Ruled By: GWAUNZA DCJ, GOWORA JA and MAKONI JA

This is an appeal against the judgment of the High Court which dismissed the appellant's application for a declaratory order in terms of section 14 of the High Court Act [Chapter 7:06] on the basis that the appellant lacked the requisite locus standi and had no legal right to protect.FACTSThe ...
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HH73-18 : NEWTON DONGO vs JOYTINDRA NAIK and HEMANT NAIK and BABNIK INVESTMENTS PL and CLINTVEST INVESTMENTS PL and MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS
Ruled By: MWAYERA J

After considering the papers filed of record, inclusive of heads of argument and hearing oral evidence from the applicant and the respondents' counsels, I gave oral reasons for my disposition; I indicated that written reasons would be availed in due course on why I effectively dismissed the application with costs ...
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HH30-09 : GERALD MUJAJI vs FRANSCISCA MUSHORIWA and THE MASTER OF THE HIGH COURT
Ruled By: GUVAVA J

This is an application in terms of section 52(9)(i) of the Administration of Estates Act [Chapter 6:01]....,.The facts giving rise to this matter which are not in dispute are as follows;The late Victor Doit Mujaji died on 10 June 1998 (the deceased). He is survived by the first defendant, whom ...
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HH318-15 : DAVID JACK and OTHERS vs LLOYD MUSHIPE (in his capacity as joint executor of Estate Late Keresia Jack) and OTHERS
Ruled By: CHITAKUNYE J

The applicants (David Jack, Theresia Jack and Theresa Jack) and the first to fourth respondents (Lloyd Mushipe, Simbarashe Mushipe, Jesca Mushipe and Keresia Mushipe) are children of the late Keresia Jack who died intestate on 15 March 1997. The late Keresia Jack's estate comprises an immovable property, namely, House Number ...
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HH113-06 : JOSHUA KADENGU and LAMECK KADENGU and ROSA KADENGU vs OLGA KADENGU (In her personal capacity and as guardian of her two minor children) and RICHARD CHIMBARU and MASTER OF THE HIGH COURT
Ruled By: KUDYA J

On 24 March 2003, three of the beneficiaries of the estate of the late Job Bruno Kadengu filed this application seeking the variation of certain clauses of the Last Will and Testament of the testator.The application was served on the respondents on 2nd April 2003, 17 April 2003, and 16 ...
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SC61-21 : COSMA CHIANGWA vs DAVID KATERERE and ROBERT CAMPBELL LOGAN and ISRAEL GUMUNYU and REGISTRAR OF DEEDS and EDMOND CHIVHINGE and MASTER OF THE HIGH COURT
Ruled By: BHUNU JA, MATHONSI JA and CHITAKUNYE AJA

If there are any challenges with the executrix the proper procedure is to first seek his removal from office.An executrix cannot be removed from office or incapacitated from dealing with any asset of the estate by a purported appointment of an executor dative.It must be acknowledged, that, courts do not ...
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HH11-09 : THE MASTER OF THE HIGH COURT vs SITHANDIZILE DHLAMINI MOYO (as executor dative of Estate Late Willas Moyo) and GERTRUDE MOYO and SITHEMBISO KUSODZA
Ruled By: GUVAVA J

This is an application by the Master of the High Court for the removal of the first respondent as executor of the estate of the late Willas Mukati Moyo. The application has been filed in terms of section 117 of the Administration of Estates Act [Chapter 6:01] (“the Act”).The facts ...
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Appealed
SC126-21 : PATRICIA DARANGWA vs JULIET KADUNGURE and ANDERSON KADUNGURE and NERIA KADUNGURE and MASTER OF THE HIGH COURT OF ZIMBABWE
Ruled By: MAKONI JA, MATHONSI JA and MWAYERA JA

This is an appeal against the whole judgment of the High Court, delivered on 5 March 2021, interdicting the appellant, in the interim, from administering the estate of the late Genius Kadungure among other relief.After hearing submissions from counsel, we dismissed the appeal with costs and stated that the reasons ...
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HH85-21 : JULIET KADUNGURE and ANDERSON KADUNGURE and NERIA KADUNGURE vs PATRICIA DARANGWA and MASTER OF THE HIGH COURT OF ZIMBABWE (N.O.)
Ruled By: CHIRAWU-MUGOMBA J

This matter was placed before me as an urgent chamber application having been filed on the 23rd of February 2021. Upon receipt, I gave directions for the filing of notices of opposition and opposing affidavits as well as heads of argument.The second respondent did not file a notice of opposition, ...
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