Ashley Kadira N.O v Cladius Nhemwa N.O & Ors

HH 592-22

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Case Details

Court

Harare High Court

Date

7 September 2022

Citation

HH 592-22

Neutral Citation

[2022] ZWHH 592

Outcome

unknown

Case Type

Application

Bench

Presiding

Muchawa J

Full Bench

Muchawa J

Areas of Law

Property LawEstate Administration

Keywords

estate propertynullityprescriptionlocus standiexecutor

Key Issues

{"issue_text":"Does the applicant have locus standi to bring this application as executor despite renunciations of inheritance?","issue_type":"procedural","dispositive":"no","related_facts":"Applicant appointed executor; beneficiaries renounced inheritance"}
{"issue_text":"Has the claim prescribed under the Prescription Act given the sale occurred over 20 years ago?","issue_type":"procedural","dispositive":"no","related_facts":"Property sold in 2001; application filed in 2021"}
{"issue_text":"Is the founding affidavit defective due to incorrect citation of second respondent?","issue_type":"procedural","dispositive":"no","related_facts":"Patrick Nyeperayi N.O originally cited; substituted with Jonathan Samukange N.O"}

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background

Facts of the Case

Background

The applicant, as executor of his late mother's estate, sought to declare null a 2001 sale of estate property (Stand 77, the Grange, Harare) by the previous executor to the fourth respondent, alleging the sale lacked Master of High Court approval and was never declared as estate property.

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