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Harare High Court

Shennaz Wazir v Master of High Court and Osman Dudhia (In his capacity as Executor Testamentary for the Estate of Late Amina Hassam Kassam) and Shiraaj Kassam and Naushad Hassam Kassam

HH 586-25

Case Details

Court
Harare High Court
Date
14 July 2025
Citation
HH 586-25
Neutral Citation
[2025] ZWHH 586
Outcome
unknown
Case Type
Application

Bench

Presiding
Maxwell J
Full Bench
Maxwell J
Areas of Law
Estate lawProcedural law
Keywords
Executor testamentaryLetters of administrationDeclaraturReviewMaterial non-disclosure
Tags
Estate administrationExecutor appointmentWill interpretation
legislation
Statutes Cited
  • High Court Act
  • Administration of Estates Act
  • Administration of Estates Act
  • Wills Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether application for declaratur is appropriate remedy where applicant challenges Master's decision appointing executor","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant sought nullification of appointment; Master had already decided same issue"}
  • {"issue_text":"Whether applicant committed material non-disclosure by failing to disclose prior correspondence with Master","issue_type":"procedural","dispositive":"yes","related_facts":"Letter dated 18 March 2025 and response dated 26 March 2025 not disclosed"}
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background
Facts of the Case

Background

The applicant, daughter of the late Amina Hassam Kassam, sought nullification of the appointment of the second respondent as Executor Testamentary of her mother's estate, alleging the will envisaged joint executorship with her deceased father and objecting to the second respondent's UK residency and alleged partiality.
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