Sibhekile Sibanda v Mpilo Msipha and 4 Others

HB 29/21

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Case Details

Court

Bulawayo High Court

Date

11 March 2021

Citation

HB 29/21

Neutral Citation

[2021] ZWHB 29

Outcome

unknown

Case Type

Application

Bench

Presiding

Mabhikwa J

Full Bench

Mabhikwa J

Areas of Law

Administration of EstatesCivil Procedure

Keywords

rescissionsection 120 authorityintestate successionexecutrix dativesale of estate property

Key Issues

{"issue_text":"Whether the applicant has locus standi to seek rescission of judgment when she was not a party to the original proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant was not party to HC 803/19"}
{"issue_text":"Whether failure to obtain Section 120 Certificate renders the sale of estate property unlawful","issue_type":"legal","dispositive":"no","related_facts":"No certificate issued before sale"}
{"issue_text":"Whether the judgment in HC 803/19 was granted in error","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant claims error due to absence of certificate"}

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background

Facts of the Case

Background

The applicant sought rescission of a judgment granted in HC 803/19 compelling transfer of estate property, claiming the sale was unlawful as no Section 120 Certificate of Authority was issued. The deceased Laiza Khumalo died intestate in 2014, leaving two daughters who agreed to sell the house and share proceeds. The applicant received her share but later sought to rescind the transfer order.

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