Chipo Dhliwayo v Tinashe M. Zenda (In his capacity as the Executor Dative to Estate Late Rogers Dhliwayo DR2005/15) and The Master of the High Court N.O. and Shamiso Danisa (In her capacity as guardian for minor children Zandile E Danisa and Akhumuzi Justin Danisa)

HH 194-21

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Case Details

Court

Harare High Court

Date

28 April 2021

Citation

HH 194-21

Neutral Citation

[2021] ZWHH 194

Outcome

unknown

Case Type

Application

Bench

Presiding

CHAREWA J

Full Bench

CHAREWA J

Areas of Law

Succession lawEstate administrationProperty law

Keywords

Executor dativeAdministration of Estates ActEstate property saleBeneficiary rightsMaster's consent

Key Issues

{"issue_text":"Whether the sale to third respondent was improper and should be cancelled","issue_type":"mixed","dispositive":"yes","related_facts":"Property was sold with Master's consent; beneficiaries had subsequent distribution agreement"}

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Facts of the Case

Background

The applicant, surviving spouse of the late Rodgers Dhliwayo, sought cancellation of an agreement of sale concerning Stand 1542-6 Hallen Drive, Athlone, Gweru, which was sold by the first respondent (executor dative) to the third respondent's minor charges. The sale was authorized by the second respondent (Master of High Court) to settle estate liabilities. The applicant argued that a subsequent redistribution agreement among beneficiaries allocated the property to her, rendering it no longer available for sale.

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