Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

Division of Estate Property re: Distribution Account, Inheritance Plan, Objections, Confirmation, Setting Aside & Re-opening

HH10-09 : MARBLE TIMBE vs THE NGONIDZASHE FAMILY TRUST
Ruled By: OMERJEE J and MAVANGIRA J

The distribution of an estate without the approval of the Master is a nullity.
More

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 ...
More

HH127-09 : LIZZY CHIPENDO vs TINASHE MUCHIVETE ZENDA AND THE MASTER OF THE HIGH COURT AND TEN OTHERS
Ruled By: CHITAKUNYE J

The applicant applied for condonation for the late noting of the application in case number HC 2575/09. In HC 2575/09, the applicant applied for what she termed as declaratory. The applicant seeks: 1. The nullification of the first and second respondents distribution of the estate of the late Ronnie Taurai Chipendo in terms of section 68F(2)(h) of the Administration of ...
More

HB71-09 : ROSEMARY CHIGANZE (as the guardian of LEWIS DUBE, a minor) vs PATIENCE MAPHOSA (personally and as a guardian of..., a minor) and THABANI LIHLE SIZIBA N.O. and ASSISTANT MASTER OF THE HIGH COURT
Ruled By: NDOU J

The salient facts of this matter are the following. The late Fani Dube was married to the first respondent at the time of his death. He left behind two minor children, namely Lewis Dube and Nonceba Dube, mothered by Rosemary Chiganze and Patience Maphosa (the first respondent) respectively. Thereafter, the administration of the estate of Fani Dube ...
More

HH39-10 : HILDA SALILA AND MARIA SALILA vs GERRY MUNYARADZI SALILA N.O. and HUGHES SALILA MUSARIRA and MASTER OF THE HIGH COURT and THREE OTHERS
Ruled By: MUSAKWA J

The first applicant further contends that “no First and Final Administration Account and Distribution Plan” was lodged with the third respondent as is required in respect of deceased estates. The executor was issued with Letters of Administration on 17 December 1999 but the estate has not been wound up since then.Counsel for the applicants submitted that ...
More

HH549-15 : ELSIE BHILA vs THE MASTER OF HIGH COURT and FREDDY CHMBARI NO and RATIDZO BHILA and KELVIN BHILA and KWATINI BHILA
Ruled By: MWAYERA J

The second respondent subsequently prepared a distribution plan wherein the Houghton Park property was treated as matrimonial property and awarded to the applicant as the surviving spouse. The rest of the property, which included a Borrowdale house, was then treated as free residue of the estate. Irked by this distribution plan, the applicant raised an ...
More

HH209-10 : PETER NYANDORO vs CHRISTOPHER MUKOWAMOMBE and JULIA MUKOWAMOMBE and MASTER OF THE HIGH COURT
Ruled By: GUVAVA J

The distribution plan which was made by the incumbent executor was also faulty as it did not take into account the provisions of section 68 of the Administration of Estates Act [Chapter 6:01]. There is need, therefore, for the new executor to come up with a new distribution plan for the estate. The executor ...
More

HB86-13 : GRACE SIBANDA vs MILDRED SIBANDA (NCUBE) and BONGANI NDLOVU and ASSISTANT MASTER OF THE HIGH COURT
Ruled By: MAKONESE J

The applicant in this matter was married to the late Peter Rodgers Sibanda in terms of an unregistered customary law union in 1970. Five children were born of the marriage. In about 1978 the parties acquired a dwelling house, being House Number 5382, Luveve 4, Bulawayo. The applicant lived at the said house with her ...
More

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

I now turn to the claims of her children, the second, third and fourth applicants, who are now adults. They had filed their claims which were considered before the estate was wound up. If they had been aggrieved by the decision of the Assistant Master they should have appealed to this court in terms of section ...
More

HH288-14 : CHRISTINE GOREMUSANDU and GODFREY MAHENGA vs EUNICE CHITAMBARA and MASTER OF THE HIGH COURT and THE REGISTRAR OF DEEDS
Ruled By: MWAYERA J

The estate was registered advertised and accounts allowed to lie for inspection. No objection was raised and then distribution occurred. No complaints or application was lodged as prescribed in section 29(1) of the Administration of Estates Act [Chapter 6:01]. About 8-9 years down the line, the applicant approaches the court for redress with no reasonable explanation for ...
More

HH323-14 : TAPFUMA CHIRISA vs MAKUFA MUGADZAWETA and MASTER OF THE HIGH COURT and THE REGISTRAR OF DEEDS
Ruled By: MWAYERA J

The dispute between the applicant and the first respondent is on the inheritance of House Number 6, 6th Avenue, Mbare.The applicant's daughter was married to the respondent's brother. Upon the death of the respondent's brother, the applicant's daughter, Shingaidzo Makorondo, was awarded the house in question as the surviving spouse. After she passed on, in 2007, ...
More

HB82-16 : CHIPO ZVAVANONDIITA vs RUNIYA NDLOVU and SIMANGELE MASEKO and RATCHELL MASEKO and BESSY MASEKO and ASSISTANT MASTER (N.O) and ADDITIONAL ASSISTANT MASTER N.O and CITY OF BULAWAYO
Ruled By: MATHONSI J

The applicant seeks the re-opening of the estate of her late mother- in-law which was registered 18 years after her death as DRBY 692/14 and administered to her exclusion by the respondents.
More

HH06-09 : MARIA KATSIGA vs HILDA CHARLIE and NYASHA MACHAKAIRE and MASTER OF HIGH COURT and REGISTRAR OF DEEDS
Ruled By: KUDYA J

5. Whether the confirmed distribution account is valid or not The distribution account is grounded in false misrepresentations made by the executor and the first defendant. It is the product of a void Agreement of Sale. It is built on nothing and cannot exist. I hold that it is invalid and must be set aside….,. 1….,. 2….,. 3. The First ...
More

HH94-15 : STELLA HAPAGUTI vs CECIL MADONDO (as Executor Dative in the Estate of the Late EXISTO FRANCIS HAPAGUTI) and MASTER OF THE HIGH COURT
Ruled By: CHITAKUNYE J

Section 68J of the Administration of Estates Act [Chapter 6:01] states that:- “Any person who is aggrieved by any decision of the Master in terms of this Part may appeal against the decision to the High Court within the time and the manner prescribed in rules of court.”…,. Section 68E(3)(a) of the Administration of Estates Act [Chapter 6:01] states ...
More

HH272-15 : VENENCIA CHIMINYA vs ESTATE LATE DENNIS CHIMINYA and PASSIVELY CHIMINYA and THE MASTER OF THE HIGH COURT
Ruled By: MWAYERA J

The respondent also argued that the complaint was lodged out of time. For this proposition, they sought to rely on section 8(6) of the Wills Act [Chapter 6:06]; “Any person who is aggrieved by the decision of the Master may appeal to an appropriate court within thirty (30) days of being notified of the decision of the Master.” The argument ...
More

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 six applicants are all children of the late Fanuel Karimanjonda Muzungu and the late Laurenta Muzungu. The late Fanuel Karimanjonda Muzungu (hereinafter referred to as the late Fanuel) died intestate at Wedza on 17 June 2004. The late Laurenta Muzungu died intestate on 30 November 2008. The first respondent was the second wife to the late Fanuel Karimanjonda Muzungu. ...
More

HH384-17 : NEWTON DONGO vs BABNIK INVESTMENTS (PVT) LTD and MESSENGER OF COURT
Ruled By: CHAREWA J

The applicant filed an urgent chamber application for a provisional order of stay of eviction as interim relief and a final order that he should remain in peaceful occupation of immovable property known being Stand number 107 of Salisbury Township, also known as Number 102 Harare Street, Harare.I heard the ...
More

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 ...
More

View Appeal
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

Section 53 of the Administration of Estates Act [Chapter 6:01] permits any interested party to approach this court, on one month notice to the executor, for such an executor to show cause why a liquidation and distribution account has not been lodged with the Master within six (6) months after ...
More

HH593-15 : JESSIE CHINZOU vs OLIVER MASOMERA [as Executor Dative in the Estate late Fred Garikayi Muchenje] and THE MASTER OF THE HIGH COURT N.O. and CITY OF HARARE N.O.
Ruled By: CHITAKUNYE J

In this application, the applicant seeks an order, inter alia, that:-1. The applicant be and is hereby declared the sole beneficiary for House No.4040 Glen Norah A, Harare, registered in the name of the late Fred Garikayi Muchenje, and, consequently the 1st Respondent be and is hereby directed to reflect ...
More

HB01-15 : MARIA RABEKA vs LARISSA STOCKIL and ASSISTANT MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS N.O.
Ruled By: MAKONESE J

The applicant has filed an application for maintenance in terms of the Wills Act [Chapter 6:06]. In particular, reliance was placed on the provisions of section 18 of the Wills Act. The relief sought by the applicant in the Draft Order is as follows:“IT IS ORDERED THAT:The estate of the ...
More

HB33-15 : MASIWA HWARA vs EUBERTINNAH MUDIMU (as Executrix of Estate Late Felix Mudimu) and ADDITIONAL ASSISTANT MASTER OF THE HIGH COURT N.O.
Ruled By: MUTEMA J

The applicant herein seeks an order that the second respondent re-open the estate of the late Felix Mudimu so that she may lodge her claim for the transfer of a property known as House Number 5747 Nketa 9, Bulawayo.The application is opposed by the first respondent who is the widow ...
More

SC21-18 : EASTER MZITE (as Executrix Dative Estate Late Chemayi Joseph Mtize) vs DAMAFALLS INVESTMENTS (PVT) LTD and MASTER OF THE HIGH COURT
Ruled By: BHUNU JA

This is an application for condonation and extension of time within which to note an appeal in terms of Rule 31(3) of the Supreme Court Rules 1964.The applicant is the widow of the late Chemayi Joseph Mtize. She is the duly appointed executrix dative of his deceased estate.The first respondent, ...
More

Back Main menu

Categories