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Supreme Court
Oliver Masomera (In his capacity as Executor Dative of Estate late Bryan James Rhodes) v Gideon Hwemende & 11 Others
SC 06/2021
Case Details
Court
Supreme Court
Date
23 March 2021
Citation
SC 06/2021
Neutral Citation
[2021] ZWSC 06
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Patel JA
Full Bench
Patel JABhunu JABere JA
Areas of Law
Trust lawCompany lawCivil procedure
Keywords
RescissionFraudLocus standiTrust deedShare certificates
Tags
Trust lawCompany lawEstate administrationRescission of judgmentFraud
legislation
Statutes Cited
- Administration of Estates Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appellant had locus standi to bring the application for rescission","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant was curator bonis when proceedings instituted, became executor dative later"}
- {"issue_text":"Whether the appellant established fraud as a ground for rescission of judgment","issue_type":"mixed","dispositive":"yes","related_facts":"Allegation that fourth respondent fraudulently claimed shares were transferred to Trust"}
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background
Facts of the Case
Background
The appellant, as executor dative of the late B.J. Rhodes' estate, sought rescission of a High Court judgment that declared the fourth respondent as trustee of Phoenix Trust to be the lawful shareholder of two companies. The application was dismissed for lack of locus standi and failure to prove fraud.
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