Florence Nyandoro and Late Estate Benard Nyandoro v Max Nyandoro and Estate Late Nelson Nyandoro and The Master of the High Court and The Registrar of Deeds

HH 89-2008

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Case Details

Court

Harare High Court

Date

16 October 2008

Citation

HH 89-2008

Neutral Citation

[2008] ZWHH 89

Outcome

unknown

Case Type

Trial

Bench

Presiding

Kudya J

Full Bench

Kudya J

Areas of Law

Deceased estatesProperty lawTrust lawPartnership law

Keywords

Immovable propertyEstate administrationPrescriptionLocus standiNomineePartnership

Key Issues

{"issue_text":"Does the second plaintiff (Late Estate Benard Nyandoro) have locus standi to sue without appointed executor?","issue_type":"procedural","dispositive":"yes","related_facts":"No executor appointed for Benard's estate"}
{"issue_text":"Does the first plaintiff have locus standi to sue for property in her own right as widow?","issue_type":"procedural","dispositive":"yes","related_facts":"Property registered in husband's alleged name"}
{"issue_text":"Is the first plaintiff's claim prescribed?","issue_type":"procedural","dispositive":"yes","related_facts":"Estate distribution approved in 1996"}
{"issue_text":"Did the property belong to Benard or Nelson?","issue_type":"mixed","dispositive":"no","related_facts":"Registration in Nelson's name, occupation by Benard"}

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background

Facts of the Case

Background

The first plaintiff, widow of Benard Nyandoro, claimed ownership of Stand 748-3rd Street Hatcliffe which was registered in Nelson Nyandoro's name but allegedly purchased and developed by Benard. The first defendant, Max Nyandoro (Nelson's son and heir), claimed the property belonged to his father's estate. The property was registered in Nelson's name allegedly to circumvent municipal policy against multiple property ownership.

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