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Harare High Court

Lavender Chirinda and Hilary Chirinda v The Master of the High Court and The Executrix of the Estate of the Late Patrick Rinos Chirinda N.O (Mrs N.R.F Tiyago)

HH 745-18

Case Details

Court
Harare High Court
Date
15 November 2018
Citation
HH 745-18
Neutral Citation
[2018] ZWHH 745
Outcome
unknown
Case Type
Application

Bench

Presiding
Manzunzu J
Full Bench
Manzunzu J
Areas of Law
Succession LawEstate Administration
Keywords
will interpretationlegacydemonetizationZimbabwe dollarademption
Tags
estate administrationwill interpretationdemonetizationlegacy claims
legislation
Statutes Cited
  • Administration of Estates Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether legatees can claim demonetized currency amounts specified in a will","issue_type":"law","dispositive":"yes","related_facts":"Will executed in 2007 Zimbabwe dollars; amounts demonetized 2009"}
  • {"issue_text":"Whether the $200 million referred to Zimbabwe dollars or unspecified currency","issue_type":"mixed","dispositive":"no","related_facts":"Will used dollar sign prefix; executed in Zimbabwe in 2007"}
  • {"issue_text":"Whether ademption applies to the motor vehicle legacy","issue_type":"law","dispositive":"no","related_facts":"Vehicle alienated before death"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicants, children of the deceased Patrick Rinos Chirinda, sought to claim their legacies of $200 million each as specified in clauses 2.4 and 2.7 of their father's will. The executor refused to pay, arguing the Zimbabwe dollar amounts were demonetized and no longer existed. The Master confirmed the estate account, prompting this application.
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