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Harare High Court
DR CECIL MADONDO N.O versus CECILIA VIMBAINASHE DAURAMANZI and BRIAN MAPURISA and FREDDY CHIMBARI N.O and THE MASTER OF THE HIGH COURT and CHIVHU HOLDINGS (PVT) LTD and THE REGISTRAR OF COMPANIES
HH 214-17
Case Details
Court
Harare High Court
Date
30 March 2017
Citation
HH 214-17
Neutral Citation
[2017] ZWHH 214
Outcome
unknown
Case Type
Trial
Bench
Presiding
MUNANGATI-MANONGWA J
Full Bench
MUNANGATI-MANONGWA J
Areas of Law
Succession LawCompany LawAdministrative Law
Keywords
Estate Late Robson MapurisaEstate Late Charles DauramanziChivhu HoldingsShare distributionMaster of High CourtExecutor appointment
Tags
Estate administrationShare distributionCompany sharesExecutor appointment
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether plaintiffs adopted correct procedure in bringing matter by action procedure","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiffs failed to use motion procedure under Section 52(9)(i) of Administration of Estates Act"}
- {"issue_text":"Whether second registration of Estate Late Robson Mapurisa under DR1686/10 was unlawful","issue_type":"law","dispositive":"no (not reached due to procedural dismissal)","related_facts":"Master allegedly lacked authority to re-register estate"}
- {"issue_text":"Whether changes to company register made by first defendant should be reversed","issue_type":"law","dispositive":"no (not reached due to procedural dismissal)","related_facts":"Changes made pursuant to second estate registration"}
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background
Facts of the Case
Background
Dispute between beneficiaries of Estate Late Robson Mapurisa and Estate Late Charles Dauramanzi regarding shares in Chivhu Holdings (Pvt) Ltd. The late Robson Mapurisa died in 1990, his estate was initially administered in 1994 without dealing with company shares. In 2010, his son Brian Mapurisa had the estate re-registered to deal with the shareholding, leading to challenges from representatives of the late Charles Dauramanzi who died in 2003.
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