Edith Madzingsu Mtetwa v Herbert Mtetwa and Farai Munyamani and Marcia Tariro Mswazi N.O and Righthaus Realty and Master of the High Court and Registrar of Deeds Harare

HH 632-25

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Case Details

Court

Harare High Court

Date

15 October 2025

Citation

HH 632-25

Neutral Citation

[2025] ZWHH 632

Outcome

unknown

Case Type

Application

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Succession lawEstate administrationCurator appointments

Keywords

Curator bonisExecutrix dativeEstate late Peter Mutaniso MtetwaMount Pleasant propertyCertificate of serviceRule 58(14)

Key Issues

{"issue_text":"Whether the application is fatally defective for failure to file certificate of service as required by Rule 58(14) of High Court Rules, 2021","issue_type":"procedural","dispositive":"yes","related_facts":"No certificate of service filed by applicant; Rule 58(14) requires filing within 5 days of service"}

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background

Facts of the Case

Background

The applicant, who was executrix of her late husband's estate, was removed due to mental health issues and replaced by third respondent as executrix dative. A curator bonis was appointed for her. She later discovered that the matrimonial home (Mount Pleasant property) had been sold by fourth respondent and sought to set aside various appointments and transactions.

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