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Division of Estate Property re: Alienation or Disposal of Estate Property and the Protection of Minor Heirs Interests

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

On 3 May 2007, the plaintiff issued summons out of this court seeking the nullification of an Agreement of Sale that was entered into between the first defendant and the late Gladys Mutasa; the nullification of the appointment of the second defendant as an executor in the estate of the late Augustine Katsiga; the nullification of ...
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HB20-09 : KIZITO MUTSURE vs ICHABOD MURINGISI
Ruled By: NDOU J

In terms of Section 120 of the Administration of Estates Act [Chapter 6:01], the approval of the Master of the High Court is required for such agreement of sale of an immovable asset of the estate. This is a condition precedent which suspends the operation of all obligations flowing from an agreement concluded prior ...
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HH107-09 : JULIA NDEMERA AND COSMAS NDEMERA vs SIPHELILE MOYO AND TAFADZWA CHITATE AND THE DEPUTY SHERIFF N O
Ruled By: CHITAKUNYE J

After a careful analysis of the documents filed of record, and hearing counsel, I am of the view that the first respondent's purported Certificate of Authority was void ab initio, and as such she had no title to pass. See F.Katirawu v D.Katirawu Ors HH58-07. It follows that the purported Agreement of Sale was ...
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HH111-09 : ELLEN SIMON vs FUNDA SAIMON
Ruled By: KUDYA J

The only person who has control of property in a deceased estate is the executor duly appointed to that office by the Master of the High Court. The plaintiff was appointed an executrix dative on 22 August 2007. At the time she allegedly disposed of rights in the property she lacked the legal capacity to ...
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HH122-09 : EMMANUEL NEMUSESO vs DOROTHY MASHITA and LOVEMORE KATAYI and PAULINE MANDINGO and PANGANAYI MASHITA and INNOCENT WOYO and MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS NO
Ruled By: GUVAVA J

The dispute in this matter revolves around an estate belonging to the late Panganayi Elias Mashita who died, testate, in South Africa on 10 December 1983. He was survived by his wife, the first defendant, and two minor children being the third and fourth defendants. In terms of his Will, dated 27 June 1978, the first defendant ...
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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

In her founding affidavit, the first applicant states that the first respondent was appointed executor dative of their late father, Reginald Tswakai Griffin Salila. Stand Number 20 Creil Road, Southdowns, Gweru was included in the inventory of assets to the estate. Sometime in 2000, the first respondent allocated the property to the second respondent and ...
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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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HH176-10 : JOYCE CHAGADURA vs SHELLY ANTONIO and REGIS MUVEREGI and DIRECTOR OF HOUSING CITY OF HARARE and SHERIFF OF THE HIGH COURT
Ruled By: GUVAVA J

The plaintiff issued summons out of this court seeking the setting aside of an Agreement of Sale relating to Stand Number 32 Manga Street, New Mabvuku entered into between the first and second defendants, nullification of the cession of the property from the estate of the Late Vito Bhero to the first defendant and costs….,. Several facts ...
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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

Imtiaz Ahmed Kurawley is a partner in the firm of Gollop Blank which represents the deceased estate in casu. He testified as follows. In July 2009 the distribution account in respect of the Ralph Simon Lapin deceased estate was submitted to and approved by the Master of the High Court. The account ...
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HH276-10 : DAVID CHIGODORA and NELIA CHIGODORA vs THOMAS C. T RODRIGUES and THOMAS C.T. RODRIGUES (N.O.) and THE REGISTRAR OF DEED and THE MASTER OF THE HIGH COURT and THE DEPUTY SHERIFF
Ruled By: MTSHIYA J

Clause 3(b) of the Agreement of Sale, signed by the parties on 10 February 2005, provided as follows- “3(b) That this Agreement is subject to the Seller obtaining the necessary authority from the Master of the High Court to sell the one half undivided share registered in the name of Emilia Maria Bernadette Rodrigues, of which ...
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HH41-13 : ESTATE LATE JEAN HEDLEY vs ANGWA CITY INVESTMENTS THREE (PVT) LTD and SAINT SEBASTIAN ESTATE AGENTS and ESTATE LATE ISRAEL GUMUNYU and REGISTRAR OF DEEDS and THE MASTER OF THE HIGH COURT
Ruled By: UCHENA J

The first respondent, Angwa City Investments (Pvt) Ltd, purchased a flat belonging to the applicant's estate. The applicant is challenging the legality of that sale. The second respondent Saint Sebastian Estate Agents, is the first respondent's estate agent with a mandate to manage the flat in dispute. The third respondent, the estate late Israel ...
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