Robert Matoka versus Susan TM Dube and The Master of High Court

HH 548-22

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Case Details

Court

Harare High Court

Date

4 August 2022

Citation

HH 548-22

Neutral Citation

[2022] ZWHH 548

Outcome

unknown

Case Type

Opposed Application

Bench

Presiding

Mangota J

Full Bench

Mangota J

Areas of Law

Civil procedureUnjust enrichmentProperty lawEstate administration

Keywords

ExceptionPrescriptionRes judicataUnjust enrichmentProperty saleEstate executrix

Key Issues

{"issue_text":"Whether defendant's exception to plaintiff's pleadings should be upheld","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiff's summons and declaration contents"}
{"issue_text":"Whether plaintiff's claim is barred by extinctive prescription","issue_type":"law","dispositive":"no","related_facts":"When cause of action arose, appeal timeline"}
{"issue_text":"Whether defendant's plea of res judicata bars plaintiff's claims","issue_type":"law","dispositive":"yes (partially)","related_facts":"Previous case Susan Taurai Mapunde Dube N.O v Robert Matoka & 2 Others"}

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background

Facts of the Case

Background

Daniel Dube sold property to plaintiff Robert Matoka in May 2011 for $50,000. Plaintiff paid additional $30,000 for property improvements. Defendant Susan Dube, as executrix of Dube's estate, successfully challenged the sale. Plaintiff now claims unjust enrichment for the total $80,000 paid.

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