Grace Lilian Simbanegavi (2) Anna Muchenje v Michael T. Jumo (In his capacity as the executor of the estate of the late Godfrey Gundani DR MS181/22) (2) Master of the High Court

[2025] ZWSC 103

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Case Details

Court

Supreme Court

Date

6 November 2025

Citation

[2025] ZWSC 103

Judgment No.

SC 103/25

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mavangira JA

Full Bench

Mavangira JAChiweshe JAMusakwa JA

Areas of Law

Succession lawProperty lawFamily law

Keywords

WillTestamentary freedomMatrimonial propertyCustomary marriageCivil marriageBeneficiariesJoinder

Key Issues

{"issue_text":"Whether the will was invalid for bequeathing matrimonial property to a girlfriend while testator was civilly married","issue_type":"mixed","dispositive":"no","related_facts":"Deceased was civilly married when will executed; bequeathed Lundi Park property to girlfriend"}
{"issue_text":"Whether the will was invalid for attempting to bequeath co-owned property in its entirety","issue_type":"mixed","dispositive":"no","related_facts":"Ashdown Park property co-owned; will purported to dispose of entire property"}
{"issue_text":"Whether beneficiaries under the will should have been joined in proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Beneficiaries not cited or heard in court a quo"}

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background

Facts of the Case

Background

Two women married to the deceased under customary and civil law respectively challenged his will that excluded them and bequeathed properties to a girlfriend and relatives. The will bequeathed the matrimonial home to the girlfriend and attempted to dispose of co-owned property without recognizing the second wife's half-share.

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