Manala LovenessMotsi v Virginia Chidhakwa (nee Machokoto) (2) Deputy Master of the High Court

Judgment No. SC 38/21

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Case Details

Court

Supreme Court

Date

3 March 2021

Citation

Judgment No. SC 38/21

Neutral Citation

[2021] ZWSC 38

Judgment No.

SC 38/21

Outcome

unknown

Case Type

Application

Bench

Presiding

MATHONSI JA

Full Bench

MATHONSI JA

Areas of Law

Estate AdministrationCivil ProcedureAppellate Practice

Keywords

CondonationExtension of TimeEstate ExecutrixAdministration of Estates Act

Key Issues

{"issue_text":"Whether applicant provided reasonable explanation for failure to comply with rules and 3-month delay in seeking condonation","issue_type":"procedural","dispositive":"yes","related_facts":"COVID-19 infection claim, contaminated papers claim, legal practitioner issues"}
{"issue_text":"Whether there are prospects of success on the intended appeal against removal as executrix","issue_type":"mixed","dispositive":"yes","related_facts":"5+ year delay in estate finalization, unilateral property sale, failure to pay estate duty"}

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background

Facts of the Case

Background

Applicant was removed as executrix of late Remnsi Machokoto's estate by High Court on 2 July 2020 for unreasonable delay and prejudicial conduct. Applicant failed to note appeal within 15 days and applied for condonation 3 months later with poor explanation for delay.

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