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Harare High Court
Marko Mavhurume (in his capacity as Executor of the Estate of the Late Maikoti Emmanuel) v Clever Maikoti and Master of the High Court and Registrar of Deeds
HH 199-2011
Case Details
Court
Harare High Court
Date
13 October 2011
Citation
HH 199-2011
Neutral Citation
[2011] ZWHH 199
Outcome
unknown
Case Type
Application
Bench
Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE J
Areas of Law
Administration of EstatesProperty LawCivil Procedure
Keywords
Executor dativeSuspended judgmentAgreement of saleLocus standiAppeal
Tags
Estate administrationExecutor appointmentProperty saleAppeal suspension
legislation
Statutes Cited
- Administration of Estates Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appointment of applicant as executor dative was lawful","issue_type":"law","dispositive":"yes","related_facts":"Appointment made after magistrate's ruling that was under appeal"}
- {"issue_text":"Did applicant have authority and capacity to sell the property at the time of the agreement of sale","issue_type":"law","dispositive":"yes","related_facts":"Agreement concluded after appeal succeeded and ruling set aside"}
- {"issue_text":"Is the agreement of sale concluded by applicant valid at law","issue_type":"law","dispositive":"yes","related_facts":"Sale concluded without valid authority"}
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background
Facts of the Case
Background
The applicant, appointed executor dative of the late Emmanuel Maikoti's estate following a magistrate's ruling, entered into an agreement of sale for immovable property. The magistrate's ruling was later set aside on appeal, rendering the applicant's appointment invalid and his authority to sell the property non-existent.
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