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Harare High Court
Estate Late Clemence Zebediah Ranganayi (Duly Represented by Kumbirai Mugwaziwendota) v City of Masvingo
HH 241-23
Case Details
Court
Harare High Court
Date
12 April 2023
Citation
HH 241-23
Neutral Citation
[2023] ZWHH 241
Outcome
unknown
Case Type
Application
Bench
Presiding
MUCHAWA J
Full Bench
MUCHAWA J
Areas of Law
Property LawContract LawEstate Law
Keywords
Agreement of SaleCancellationEstateLocus StandiSole Proprietorship
Tags
Contract LawEstate LawLocus Standi
legislation
Statutes Cited
- Administration of Estates Act
- Urban Councils Act
- Companies and Other Entities Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application was properly brought by a person with locus standi to institute proceedings on behalf of the Estate","issue_type":"procedural","dispositive":"no","related_facts":"Kumbirai Mugwaziwendota acted under special power of attorney from executor dative"}
- {"issue_text":"Whether the Estate has locus standi in judicio to institute legal proceedings regarding an agreement between respondent and Pay and Collect Motor Spares and Hardware","issue_type":"procedural","dispositive":"yes","related_facts":"Agreement was with Pay and Collect Motor Spares & Hardware, not directly with deceased"}
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background
Facts of the Case
Background
The estate of late Clemence Zebediah Ranganayi sought a declaratory order that the cancellation of an agreement of sale for stand 27426 in Masvingo was null and void. The agreement was originally entered into on 13 August 2004 between the City of Masvingo and Pay and Collect Motor Spares & Hardware, represented by the deceased. The respondent cancelled the agreement in 2020 citing breach of contract terms.
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