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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 ...