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Harare High Court
Miriam Mupfurira v Master of the High Court of Zimbabwe and Estate Late James Chigwedere (Represented by Isaac Tichareva in his capacity as Executor Dative) and Prisca Teresa Chigwedere and Pius Chigwedere and Zivanai Chigwedere and Kudzanai Chigwedere and Tendayi Farai Chigwedere
HH 328-23
Case Details
Court
Harare High Court
Date
30 May 2023
Citation
HH 328-23
Neutral Citation
[2023] ZWHH 328
Outcome
unknown
Case Type
Application
Bench
Presiding
MUCHAWA J
Full Bench
MUCHAWA J
Areas of Law
Succession lawEstate administrationConstitutional law
Keywords
Putative marriageCustomary marriageDeceased estateExecutor citationConstitutional challenge
Tags
Deceased estatePutative marriageCustomary marriageEstate administration
legislation
Statutes Cited
- High Court Act
- Administration of Deceased Estates Act
- Constitution of Zimbabwe
- Deceased Persons Succession Act
- Constitution of Zimbabwe
- Administration of Estates Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether deceased estate can be cited as party to litigation","issue_type":"procedural","dispositive":"yes","related_facts":"Second respondent cited as \"Estate Late James Chigwedere\""}
- {"issue_text":"Whether constitutional application can be raised as alternative relief","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant included constitutional challenge as alternative relief"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
The applicant claims she was customarily married to the late James Chigwedere from 2000 until his death in 2019, and seeks declaration of putative marriage status and inheritance rights to their matrimonial home. The deceased also had a civil marriage with the third respondent. The applicant was unaware of the civil marriage and only learned about it during estate administration meetings.
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