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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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HH44-11 : CHRISETTA CHIDZIVA (NEE CHINGOSHO) vs JULIET MUSARIRI and INNOCENT MUSARIRI and THE MUNICIPALITY OF MARONDERA
Ruled By: CHITAKUNYE J

From the papers filed of record and submissions made in court most of the facts are common cause. The facts that are common cause include the following: 1. The first respondent was married to the late Timothy Musariri in terms of the African Marriages Act (now Customary Marriages Act [Chapter 5:07]). 2. Timothy Musariri died intestate ...
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HH44-11 : CHRISETTA CHIDZIVA (NEE CHINGOSHO) vs JULIET MUSARIRI and INNOCENT MUSARIRI and THE MUNICIPALITY OF MARONDERA
Ruled By: CHITAKUNYE J

Section 122 of the Administration of Estates Act [Chapter 6:01] states that: “In cases where minor heirs are interested in property inherited from the estate of any deceased person the Master may apply, through the chamber book, to a judge for authority for the lease, mortgage, sale or other disposition of such property, and the judge ...
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HH46-13 : S. MAKONYERE vs ALFRED MUCHINI and THE SHERIFF and THE MASTER OF THE HIGH COURT
Ruled By: GUVAVA J

The facts of this matter are mainly common cause and may be summarised as follows. The applicant in this case was the executor dative of the estate of the late Alvin Roy Adams who passed away on 9 July 2004. The late Alvin Roy Adams was survived by his wife and three children who are ...
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HH364-13 : ENNETY GUNDA vs OLIVER MASOMERA N.O. and TSITSI GUNDA and LANGTON MASHIRI and THE MASTER OF THE HIGH COURT and REGISTRAR OF DEEDS
Ruled By: MAWADZE J

The plaintiff further alleged, in her declaration, that there is no record to show whether the estate of the late Cecilia Gunda was advertised or summarily wound up as there is no certificate of authority to deal in any manner with the immovable property being Number 5417 Glen Norah 'B' Township, Harare. The plaintiff, in her ...
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HB99-14 : ELLEN MAJOLA vs BEKEZELA NYONI
Ruled By: MAKONESE J

Analysis of the Law The law is clear on the sale of immovable assets belonging to a Deceased Estate. The Assistant Master should give his consent in terms of section 120 of the Administration of Estates Act [Chapter 6:01]. The section provides as follows: “If, after due inquiry, the Master is of the opinion that it would ...
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HH56-15 : ESTATE LATE FIDELIS CHIWEDZA and OSBURGA NDHLOVU (Executrix Dative) vs LUISA GOMBARUME and POLKA EXECUTOR SERVICES and AFRICA REAL ESTATE and MAKUNIKE & PARTNERS and OTHERS
Ruled By: UCHENA J

The confirmation of the sale by the Master of the High Court is not necessary as the sale took place during the seller and purchaser's lifetime.
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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

This trial rests on the sale of a house that belonged to a deceased's estate. To grasp the essence of the dispute start with the misfortune of “tardy” executorship in the initial instance to grasp one of its possible consequences as being the opening of doors for the stealthy. Stir in the factual reality of a deceased ...
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Appealed
HH151-16 : SHORAI NZARA and ARROLA IDEHEN and AMOSOGE IDEHEN and OSARETIN IDEHEN and vs CECILIAH KASHUMBA N.O. and REGISTRAR OF DEEDS and MASTER OF THE HIGH COURT and TAFIRENYIKA KAMBARAMI
Ruled By: MAFUSIRE J

In addition, the transfer to the fourth respondent was invalid on the ground that Ceciliah, even in her capacity as the executrix to the estate Late Dzingayi Kashumba, had no title to pass….,. Despite his innocence, the transfer to the fourth respondent cannot stand for the reason that Ceciliah had had no capacity to transfer….,. To facilitate the transfer, ...
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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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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 ...
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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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HH333-13 : GIVEMORE SAMBADZI and SALATIEL NHUBU vs REGISTRAR OF DEEDS
Ruled By: BHUNU J

The facts that gave rise to this dispute are as follows:In January 2010, the first applicant, Givemore Sambadzi, purchased certain immovable property known as Stand 2048 Chadcombe Township of Stand 1257 Chadcombe Township from one Charity Nyarai Mupaya and a Deed of Transfer was made in his favour.In November 2010, ...
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Appealed
SC47-13 : ALFRED MUCHINI vs ELIZABETH ADAMS and SHEPHERD MAKONYERE N.O. and ESTATE LATE ALVIN ADAMS and REGISTRAR OF DEEDS and MASTER OF THE HIGH COURT
Ruled By: ZIYAMBI JA, GARWE JA and OMERJEE AJA

At the end of the hearing we dismissed the appeal with costs. The following are our reasons for so doing.The subject of the dispute between the parties is an immovable property known as Plot Number 13 Glynham, Masvingo (“the property”). It formed part of the estate of the late Alvin ...
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HB11-15 : CHARITY GONYORA (In her application for the guardianship of Clifford Mayizoni Mwale ) vs X
Ruled By: MUTEMA J

On 12 November 2014, the Provincial Magistrate issued the applicant, Charity Gonyora, with a certificate of guardianship in respect of the minor child, Clifford Mayizoni Mwale (male born 7 July 1998).In the application for the guardianship in the magistrates' Juvenile Court, the applicant was represented by an organisation called Justice ...
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HB18-15 : JULIET NHLIZIYO (N.O.) and ESTATE LATE HAROLD NHLIZIYO vs NOKUTHULA MOYO and ESTER KELLI (N.O.) and ESTATE LATE PREECE NHLIZIYO and ASSISTANT MASTER (N.O.) and CITY OF BULAWAYO
Ruled By: MAKONESE J

This is an application for absolution from the instance.The first defendant contends that at the close of the plaintiff's case the court should find that the first plaintiff has hopelessly failed to place any evidence before the court upon which a reasonable court may find for the first plaintiff.A joint ...
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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

This is an appeal against the whole judgment of the High Court (“the court a quo”) handed down on 15 June 2011 wherein the court a quo granted an application for a declaratur that the sale and transfer of Stand 382 Good Hope Township to the appellant was null and ...
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Appealed
HH122-11 : DAVID KATERERE vs COSMA CHIANGWA and ROBERT CAMPBELL-LOGAN and ISRAEL GUMUNYU and REGISTRAR OF DEEDS and EDMOND CHIVHINGE and MASTER OF THE HIGH COURT
Ruled By: MAVANGIRA J

In 1999, the applicant herein entered into an agreement of sale in terms of which he purchased an immovable property from the estate of the late Johanna Maria Fransisca Logan as represented by the executrix testamentary of the estate.The immovable property, described as Stand 382 Good Hope Township of Subdivision ...
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HB25-15 : DORCAS MHLANGA vs BENJAMIN PHAKATSHANE
Ruled By: MUTEMA J and MOYO J

The late Addison Mhlanga was of Malawian extraction who came and naturalized himself in Zimbabwe.He married one Dinah Ndlovu but did not have children. The two then adopted Esther Ncube (nee Nkala) as their child. Dinah Ndlovu pre-deceased Addison Mhlanga. Addison Mhlanga died intestate on 22 September 2003 at age ...
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HH366-18 : ALAIN GRANT vs TIRINGEI JEFTA and THE MASTER OF THE HIGH COURT and NELLIE TIYAGO (in her capacity as curator ad litem)
Ruled By: CHIRAWU-MUGOMBA J

“The paradox…, is that even when children are construed as rights holders, it is difficult for them to assert their rights. The reasons are practical, political, and legal. Young children are completely and unavoidably dependant on those who have power over their lives (O' Donovan: 1983).”...,.The fact that children are ...
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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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HB40-15 : BONGANI NDLOVU (as Executor Dative, Estate Late Kenneth Sithole) vs HOWARD SITHOLE and MELODY SITHOLE
Ruled By: MUTEMA J

Kenneth Sithole died at Bulawayo on 6 February 2013. During his lifetime, he purchased, from Rebecca Howes, a piece of land, being Stand 15 Rangemore Township 3 of Lot G of Upper Rangemore, also known as Plot 15 Gramps Way, Rangemore (hereinafter referred to as the Plot).Kenneth Sithole's widow, one ...
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HB59-15 : NOMUSA NCUBE (as Executrix Dative of Estate Late Alice Nkala) vs GOODWILL NKALA
Ruled By: MOYO J

This is an opposed application for summary judgement wherein the applicant seeks the following relief:“(1) That summary judgment be and is hereby granted in favour of applicant against respondent in the following terms:(a) Respondent and all those claiming occupation through him be and are hereby ordered to vacate House Number ...
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HH420-15 : BRIGHTON MBERI vs SAVIOUS MBEWE and NORTON TOWN COUNCIL
Ruled By: MAFUSIRE J

In his application, the applicant said his claim was for “specific performance” against the second respondent. This was in respect of an immovable property, a house in one of the high density suburbs administered by the second respondent.At the end of the hearing I dismissed the application with costs and ...
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HH535-15 : BLESSMORE CHANAKIRA vs SHEPHERD MALCOM N.O. and REGISTRAR OF DEEDS and PHIL RUSCH
Ruled By: NDEWERE J

The background facts are that the plaintiff expressed interest in Stand 5233 Salisbury Township Lands measuring 3,309 square metres which is the property in dispute.The property belongs to the estate of the late Robert Eric Rae.An agreement of sale was concluded, on 22 October 2009, between the plaintiff and the ...
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