Otilia Mpepereki (nee Tsvenda) v Diana Nyaradzo Mpepereki (In her capacity as executrix testamentary of the Estate of Late Sheunesu Mpepereki) and Master of the High Court and Registrar of Deeds

HH 478-23

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Case Details

Court

Harare High Court

Date

9 August 2023

Citation

HH 478-23

Neutral Citation

[2023] ZWHH 478

Outcome

unknown

Case Type

Application

Bench

Presiding

Muchawa J

Full Bench

Muchawa J

Areas of Law

Succession lawInterdict law

Keywords

Executrix testamentaryProvisional orderMatrimonial homeIntestate successionWill challenge

Key Issues

{"issue_text":"Whether applicant established a clear right to interdict estate administration","issue_type":"law","dispositive":"yes","related_facts":"Applicant is surviving spouse; not residing at property; accepted will provisions"}
{"issue_text":"Whether applicant would suffer irreparable harm without interdict","issue_type":"law","dispositive":"yes","related_facts":"Property already sold; only transfer outstanding"}
{"issue_text":"Whether applicant has alternative remedy","issue_type":"law","dispositive":"yes","related_facts":"Can sue for share from estate; will challenge pending"}

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background

Facts of the Case

Background

The applicant, second wife of the deceased, sought to interdict the administration of the estate and transfer of immovable property pending challenge to the will's validity. The deceased's will appointed his daughter as executrix and bequeathed the immovable property to her, with only $50,000 to the applicant. The applicant had accepted the will's provisions but later sought to challenge it.

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