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Harare High Court
Lily Lilian Nyamushanya and Michele Shamiso Nyamushanya (Represented by Lilian Nyamushanya) and Ngonidzaishe L.T. Nyamushanya and Prosper Z Nyamushanya (Represented by Lydia Imedi) and Denatious Nyamushanya (Represented by Tendai Nyahwai) v Rodgers Matsikidze N.O (cited here as in his Capacity as Executor Dative in the Estate of the late Phythias Nyamushanya and Lawrence Nyamushanya and Kingstone Nyamushanya and Phythias Takudzwa Nyamushanya and Astrid Nyamushanya and Master of the High Court
HH 693-17
Case Details
Court
Harare High Court
Date
18 October 2017
Citation
HH 693-17
Neutral Citation
[2017] ZWHH 693
Outcome
unknown
Case Type
Application
Bench
Presiding
Matanda-Moyo J
Full Bench
Matanda-Moyo J
Areas of Law
Succession LawConstitutional LawProperty Law
Keywords
matrimonial homesurviving spousedisinheritancefreedom of testationwill setting aside
Tags
will validitymatrimonial propertydisinheritancefreedom of testation
legislation
Statutes Cited
- Wills Act
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Deceased Estates Succession Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the will provision disinheriting the surviving spouse of the matrimonial home is valid","issue_type":"law","dispositive":"yes","related_facts":"First applicant is surviving spouse, resided at matrimonial home, will disinherited her"}
- {"issue_text":"Whether the disinheritance of children born out of wedlock violates the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Fourth and fifth applicants are biological children born out of wedlock, will disinherited them"}
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background
Facts of the Case
Background
The applicants sought to set aside the will of the late Pythias Nyamushanya, particularly the provision that disinherited the first applicant (surviving spouse) of the matrimonial home. The first applicant claimed the property at No. 7 Bain Drive, Morningside, Mutare as matrimonial property and argued that her disinheritance violated section 5(3)(a) of the Wills Act. The respondents opposed, arguing the property was not matrimonial and that freedom of testation should prevail.
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