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Supreme Court

Cecil Madondo & Cecilia Vimbainashe Dauramanzi v Brian Mapurisa & Freddy Chimbari N.O. & The Master of the High Court & Chivhu Holdings (Private) Limited & The Registrar of Companies

SC 118/2020

Case Details

Court
Supreme Court
Date
11 October 2018
Citation
SC 118/2020
Neutral Citation
[2020] ZWSC 118
Outcome
unknown
Case Type
Appeal

Bench

Presiding
GOWORA JA
Full Bench
MAKARAU JAGOWORA JABERE JA
Areas of Law
Succession LawEstate AdministrationCompany Law
Keywords
Administration of Estates Actestate re-registrationshares in deceased estateprocedural compliancefraud
Tags
estate administrationdeceased estatesshare ownershipfraud allegations
legislation
Statutes Cited
  • Administration of Estates Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court a quo was correct in declining jurisdiction to hear the matter on the merits","issue_type":"procedural","dispositive":"yes","related_facts":"Appellants brought action in 2014, more than 30 days after Master's decision"}
  • {"issue_text":"Whether the award of costs on a punitive scale amounted to a misdirection","issue_type":"procedural","dispositive":"no","related_facts":"First appellant had previously raised similar procedural point in another case"}
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background
Facts of the Case

Background

The dispute concerned the administration of estates of two deceased business partners who owned shares in Chivhu Holdings. The first respondent successfully had his father's estate re-registered in 2010 to include previously omitted shares. The appellants challenged this re-registration in 2014, alleging fraud, but failed to follow the statutory procedure and time limits.
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