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Harare High Court

Linah Ndoro v Evidence Ndoro and The Master of the High Court

HH 198-12

Case Details

Court
Harare High Court
Date
3 May 2012
Citation
HH 198-12
Neutral Citation
[2012] ZWHH 198
Outcome
unknown
Case Type
Application

Bench

Presiding
Guvava J
Full Bench
Guvava J
Areas of Law
Family LawSuccession Law
Keywords
surviving spouseintestate successionmatrimonial homedeceased estatedistribution account
Tags
SuccessionIntestate estateSpousal inheritanceDeceased estate
legislation
Statutes Cited
  • Deceased Estates Succession Act
  • Marriage Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant, as surviving spouse, was entitled to the entire matrimonial home under section 3A of the Deceased Estates Succession Act","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's residence status at time of death; marital status at time of death"}
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background
Facts of the Case

Background

The applicant, as surviving spouse of the late Robert Ndoro who died intestate, sought to be awarded the entire matrimonial home (House 4 Mimosa, Westview, Kadoma) instead of receiving only a child's share as provided in the first and final distribution account. The first respondent, the deceased's son and executor dative, opposed the application claiming the applicant had separated from the deceased and was no longer living at the property at the time of death.
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