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Bulawayo High Court
Kudakwashe Shana & 5 Ors v Loveness Manala Motsi & 3 Ors
HB 257/20
Case Details
Court
Bulawayo High Court
Date
6 June 2020
Citation
HB 257/20
Neutral Citation
[2020] ZWHB 257
Outcome
unknown
Case Type
Application
Bench
Presiding
Mabhikwa J
Full Bench
Mabhikwa J
Areas of Law
Estate lawExecutor dutiesProcedural law
Keywords
Executor removalEstate administrationFraudCollusionBeneficiary rights
Tags
Estate administrationExecutor removalIntestate succession
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the 1st respondent should be removed as Executrix Dative of the estate","issue_type":"mixed","dispositive":"yes","related_facts":"Allegations of fraud, collusion, and misconduct"}
- {"issue_text":"Whether condonation should be granted for late filing of heads of argument","issue_type":"procedural","dispositive":"yes","related_facts":"Heads filed 8 months late, no condonation application"}
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background
Facts of the Case
Background
Six children of the late Samson Shana, who died intestate in 2013, applied for the removal of the appointed executrix, Loveness Manala Motsi, alleging fraud, collusion with third parties, and misconduct in estate administration. The executrix failed to file heads of argument timeously and sought condonation.
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