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Harare High Court
Jasper Dhliwayo and Fungai Dhliwayo and Collie Manyandure and Greater Nyemudzai and Abbie Manyandure and Memory Manyandure and Rudo Manyandure v Tinoziva Bere N.O and Lorah Lorraine Katombo and Master of the High Court
HH 164-24
Case Details
Court
Harare High Court
Date
3 May 2024
Citation
HH 164-24
Neutral Citation
[2024] ZWHH 164
Outcome
unknown
Case Type
Special Plea
Bench
Presiding
TSANGA J
Full Bench
TSANGA J
Areas of Law
PrescriptionSuccession LawWills and Estates
Keywords
prescriptiondeclaratory orderwill challengemental capacityestate
Tags
prescriptiondeclaratory reliefwill validityestate administration
legislation
Statutes Cited
- Prescription Act
- Wills Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a claim for declaratory relief is subject to prescription under the Prescription Act","issue_type":"law","dispositive":"yes","related_facts":"Plaintiffs sought declaratory order; three years elapsed since awareness"}
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background
Facts of the Case
Background
The plaintiffs, children of the late Taworamwoyo Nelson Dhliwayo, sought a declaratory order declaring null and void a will executed by their father on 8 June 2012 which excluded them as beneficiaries. They alleged their father lacked mental capacity due to senile dementia and stroke. The defendants raised a special plea of prescription, arguing the claim prescribed in June 2019, three years after the plaintiffs became aware of the will in 2016.
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