Renee Juanita Hiten v Steven Barry N.O and The Master of High Court and The Sheriff of High Court and Registrar of Deeds

Key Issues

• {"issue_text":"Whether the founding affidavit is defective due to being signed in Zimbabwe but notarized in South Africa on the same date","issue_type":"procedural","dispositive":"yes","related_facts":"Affidavit signed in Harare on 10 August 2022 and notarized in Somerset West, South Africa on same date"}
• {"issue_text":"Whether applicant should pay security for costs as a peregrinus","issue_type":"procedural","dispositive":"no","related_facts":"Applicant resides outside Zimbabwe"}
• {"issue_text":"Whether there is basis for granting actio communi dividendo","issue_type":"mixed","dispositive":"no","related_facts":"Joint ownership of property, applicant's desire to dispose of share"}
• {"issue_text":"Whether court can grant subdivision contrary to Will provisions","issue_type":"law","dispositive":"no","related_facts":"Will bequeathed property in equal shares"}

Background