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Harare High Court
Edith Mayisva v Master of the High Court N.O. and J.B. Meyburgh N.O. (In his capacity as the Executor to The Estate Late Tom Peterkin Mayisva)
HH 278-11
Case Details
Court
Harare High Court
Date
23 November 2011
Citation
HH 278-11
Neutral Citation
[2011] ZWHH 278
Outcome
unknown
Case Type
Review
Bench
Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Succession LawConstitutional LawAdministrative Law
Keywords
intestate successionillegitimate childrencommon lawconstitutional rightsreview of Master's decision
Tags
intestate successionchildren born out of wedlockreview application
legislation
Statutes Cited
- Administration of Estates Act
- Deceased Estates Succession Act
- High Court Act
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application for review was filed within the statutory 30-day period","issue_type":"procedural","dispositive":"yes","related_facts":"Master's decision made 15 July 2007, application filed thereafter"}
- {"issue_text":"Whether the applicant was required to serve the beneficiaries affected by the review","issue_type":"procedural","dispositive":"yes","related_facts":"13 children born out of wedlock affected by review"}
- {"issue_text":"Whether children born out of wedlock are entitled to inherit under intestate succession","issue_type":"mixed","dispositive":"no","related_facts":"Common law position vs constitutional rights"}
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background
Facts of the Case
Background
The applicant, widow of Tom Peterkin Mayisva, sought review of the Master's decision to include 13 children born out of wedlock as equal heirs to her late husband's estate. The Master had ruled that all 18 children (5 from the marriage, 9 from two long-term adulterous relationships, and 4 from other relationships) were entitled to inherit equally under intestate succession.
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