Rumbidzai Hamandishe v Frederick Manyangarirwa N.O. and Mr. Kunaka and Mrs. Kunaka and Master of the High Court and Registrar of Deeds

HH 115-18

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Case Details

Court

Harare High Court

Date

8 March 2018

Citation

HH 115-18

Neutral Citation

[2018] ZWHH 115

Outcome

unknown

Case Type

Application

Bench

Presiding

CHITAKUNYE J

Full Bench

CHITAKUNYE J

Areas of Law

Succession lawProperty lawEstate administration

Keywords

Right of first refusalExecutor dutiesFraudulent saleProperty valuationEstate property

Key Issues

{"issue_text":"Whether the applicant had a right of first refusal","issue_type":"law","dispositive":"yes","related_facts":"Applicant's 50% claim was accepted; initial agreement terminated; property sold at reduced price"}
{"issue_text":"Whether the first respondent fraudulently sold the property","issue_type":"mixed","dispositive":"yes","related_facts":"Property sold for half original value; applicant not informed of reduced price"}
{"issue_text":"Whether the sale should be cancelled","issue_type":"mixed","dispositive":"yes","related_facts":"Innocent purchasers; property already transferred"}

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background

Facts of the Case

Background

The applicant, a surviving spouse of the late Maruta Jawona who died intestate, sought to set aside the sale of estate property by the executor to the second and third respondents. She claimed the sale was fraudulent and that she had a right of first refusal to purchase the property at the reduced sale price.

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