Edna Songore vs Josiah Gweme and Joshua Songore and The Master of High Court

HH 90-2008

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Case Details

Court

Harare High Court

Date

16 October 2008

Citation

HH 90-2008

Neutral Citation

[2008] ZWHH 90

Outcome

unknown

Case Type

Review

Bench

Presiding

Kudya J

Full Bench

Kudya J

Areas of Law

Family LawEstate AdministrationProperty Law

Keywords

Master's decision reviewEstate property disposalLocus standiOut of time application

Key Issues

{"issue_text":"Whether the review application was filed within the eight-week period required by Order 33 Rule 259","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant became aware of decision by 23 June 2006 but filed on 24 May 2007"}
{"issue_text":"Whether applicant had locus standi to bring the review application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant was not residual heir and heir was appointed before Act 6 of 1997"}
{"issue_text":"Whether Master's consent was required for sale of intestate estate property","issue_type":"law","dispositive":"no","related_facts":"Section 120 of Administration of Estates Act applies to testate estates"}

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Facts of the Case

Background

Edna Songore sought review of the Master's decision approving the sale of house number 1242 Unit A Chitungwiza from estate heir Joshua Songore to Josiah Gweme. The property was part of the estate of the late Zebediah Tapera Songore who died on 5 May 1991. Joshua was appointed heir at an edict meeting on 21 May 1991 and sold the property to Josiah Gweme in 2002 for $2 million.

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