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Rights of Beneficiaries re: Testate Succession iro Freedom of Testation, Variation of a Will & Adoption of an Invalid Will

HH107-12 : TAWANDA LAMECK MUZONDA and TICHAONA MCDONALD MUZONDA AND THREE OTHERS vs LORRAINE USAYIWEVHU AND DEPUTY SHERIFF CHITUNGWIZA AND ONE OTHER
Ruled By: MUTEMA J

Although the document is not a valid will for want of being witnessed by two witnesses (having been witnessed by only one).
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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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HH32-11 : MAGAYA OBERT CHITSAMATANGA and MURORO AARON CHITSAMATANGA and OTHERS vs FANNUEL CHITSAMATANGA and GUTU & CHIKOWERO ATTORNEYS AT LAW and MASTER OF THE HIGH COURT
Ruled By: MAKONI J

The plaintiffs approached this court seeking an order declaring the will of the late Chitsamatanga, dated 26 May 2000, null and void, that the testator died intestate and an order for costs. The basis for the order being sought is that at the time the testator executed the will he was not in a mental state ...
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HH71-11 : NIGEL DAMIAN MORRIS vs CHIQUITA MORRIS and MASTER OF HIGH COURT
Ruled By: MAWADZE J

This is an opposed application wherein the applicant seeks the following relief:“IT IS ORDERED THAT:1. The will dated, 21 November 2005, purportedly signed by the late Nellie Helen Morris appointing the respondent ((first respondent) the executrix testamentary and bequeathing the entire estate to same be and is hereby null and void and therefore of ...
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HB06-10 : BUSI MAPHOSA vs DYLAN KAWARA and MAREVERWA MASHAYAMOMBE (as Executor Dative in the Estate of Richard Mashayamombe) and MASTER OF THE HIGH COURT and OTHERS
Ruled By: KAMOCHA J

The applicant, Busi Maphosa, and Dylan Kawara signed a Memorandum of Agreement of Sale of an immovable property known as Number 231 New Luveve Township, Bulawayo…, on 15 October 2003. Busi Maphosa, the applicant, paid the purchase price in full and was given vacant possession of the property, in terms of the Agreement, from ...
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HB91-10 : OSEFELUPILU MOYO (Nee SEDANGE) vs ESTER KELLY N.O. and ASSISTANT MASTER OF THE HIGH COURT
Ruled By: MATHONSI J

The late Lucas Tangani Moyo was a polygamist with at least three (3) wives, one of whom is the applicant in this matter. He died on the 11th December 2005. At the time of his death, the late Lucas Tangani Moyo and the applicant had been separated for six (6) years although no divorce ...
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HH32-11 : MAGAYA OBERT CHITSAMATANGA and MURORO AARON CHITSAMATANGA and OTHERS vs FANNUEL CHITSAMATANGA and GUTU & CHIKOWERO ATTORNEYS AT LAW and MASTER OF THE HIGH COURT
Ruled By: MAKONI J

Further, alternatively, the testator executed a will contrary to the laws of Zimbabwe in that the will completely disinherits his only surviving spouse married to him in terms of the Marriage's Act [Chapter 5:11]. The second issue is whether or not the will is contrary to the laws of Zimbabwe in so far as it disinherits ...
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HH59-13 : MARGARET SUMBURERU vs PRISCA CHINAMORA and THE MASTER OF THE HIGH COURT and WILBERT NYAMUPFUKUDZA N.O.
Ruled By: GUVAVA J

The Master of the High Court proceeded to appoint the first respondent as the surviving spouse of the late Amos John Chirunda's estate. The children of the deceased objected to the appointment and formally lodged an objection with the Master of the High Court. They argued that the first respondent was not married to the ...
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HH115-13 : TAZVITYA MUTANDWA vs SILVER ZHUWAKI and BRENDA LEEFER and THE DEPUTY SHERIFF,HARARE and THE REGISTRAR OF DEEEDS and MR. MANDIZVIDZA
Ruled By: BHUNU J

Section 5 of the Wills Act provides for what dispositions a subject can lawfully make in a valid will. It reads: “Power to make dispositions by will (1) Subject to this Act, and any other enactment, every person who has capacity, in terms of section four, to make a will, may, in his will - (a) Make provision for the ...
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HB88-13 : MARIA MANOLAKAKIS vs ESTATE LATE DR JOHN J. MANOLAKAKIS and ESTATE LATE EVANGELIA PATRINOS and IOANNIS IOANNIDIS and CONSTANDINOS PATRINOS and ROBERT BOWES and DEPUTY MASTER
Ruled By: MAKONESE J

This matter has a somewhat long history dating back to July 2006. The late Dr John Joseph Manolakakis arrived in Zimbabwe in the early 1980s. He established a medical practice at 41A Fort Street, Bulawayo. At all material times he was ordinarily resident at a flat at Kenilworth Towers, Ascot, Bulawayo. Dr Manolakakis became unwell ...
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HH184-14 : FATIMA MAGEDI and KENNEDY SAMURIWO vs RURAMAI SAMURIWO and YVONNE SAMURIWO and TINASHE SAMURIWO and A.CHITAUNHIKE (as executor testamentary) NO and THE MASTER OF THE HIGH COURT NO
Ruled By: MAWADZE J

This is an opposed application in which both applicants seek relief in the following terms; “IT IS HEREBY ORDERED THAT 1. The alleged Will of Takavengwa Lovelace Samuriwo, dated 2 December 1992, and accepted by the 5th respondent on 30 May 2012 be and is hereby declared as null and void. 2. The 1st, 2nd and 3rd respondents shall ...
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HB44-14 : SETUKA SIWELA vs ESTATE LATE GABRIEL SIWELA DRB 561/12 and THE ASSISTANT MASTER
Ruled By: KAMOCHA J

The applicant in this matter seeks an order of this court in the following terms: “It is hereby ordered that: (1) The Will of Gabriel Siwela who died testate on the 10th of July 2012 is hereby declared null. (2) There is no order as to costs.” The facts of this case, as narrated by the applicant, are as follows. The applicant ...
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HB105-14 : MARIA MANOLAKAKIS vs ESTATE LATE DR. JOHN MANOLAKAKIS and ESTATE LATE EVANGELIA PATRINOS and IOANNIS IOANNIDIS and CONSTANDINOS PATRINOS and ROBERT BOWES and DEPUTY MASTER
Ruled By: MAKONESE J

In the early 1980's, the late Dr John Joseph Manolakakis arrived in Zimbabwe. He is of Egyptian descent. He set up a medical practice in Bulawayo where he resided until his death on the 2nd of July 2006. At the time of his demise, the late Dr. Manolakakis lived with his girlfriend of 12 years, ...
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HB107-14 : SITHEMBINKOSI DUBE vs SIMANGELE DUBE and RING DUBE and THE ASSISTANT MASTER N.O.
Ruled By: MOYO J

This is an application for an order that the Will of the late Sonto Dube be and is hereby declared null and void together with costs of suit. The facts of this matter are that the applicant and the first respondent are sisters and were both married to one Phineas Dube. The first respondent was 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

As alluded to above the major asset the deceased had, and which is dealt with in the Will, is the Emerald Hill house. It is common cause that that house is registered in the deceased's name and was thus his property. As aptly noted in Takafuma v Takafuma 1994 (2) ZLR 103 (S)…,: “The registration of rights in immovable property ...
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HH272-15 : VENENCIA CHIMINYA vs ESTATE LATE DENNIS CHIMINYA and PASSIVELY CHIMINYA and THE MASTER OF THE HIGH COURT
Ruled By: MWAYERA J

In this application the applicant, a widow and surviving spouse to the late Dennis Chiminya, approached the court seeking an order that the Will by the late Dennis Chiminya, her husband, be disregarded and set aside and that the only property of the estate, House Number 2421 Egypt, Highfield be and is hereby awarded to ...