Spiwe Kapfudza (In her capacity as Guardian for Tanaka Thokozani Dhliwayo) v Ruth Bongani Mushiri and The Master of the High Court and The Registrar of Deeds

Key Issues

• {"issue_text":"Whether the plaintiff's claim was prescribed under the Deceased Persons Family Maintenance Act","issue_type":"procedural","dispositive":"no","related_facts":"Application filed in 2006, deceased died in 2002, distribution account finalized in 2004"}
• {"issue_text":"Whether Tanaka Thokozani Dhliwayo is the late Joseph Hlupani Dhliwayo's child with the plaintiff","issue_type":"factual","dispositive":"yes","related_facts":"Child born during cohabitation period, deceased never denied paternity, witnesses confirmed relationship"}
• {"issue_text":"Whether Tanaka Thokozani Dhliwayo should be a beneficiary in respect of the estate","issue_type":"legal","dispositive":"yes","related_facts":"Child is out of wedlock, Deceased Persons Family Maintenance Act definition of dependant"}
• {"issue_text":"Whether the first defendant properly administered the estate","issue_type":"mixed","dispositive":"no","related_facts":"First defendant excluded legitimate beneficiary, awarded herself property"}
• {"issue_text":"Whether the estate should be re-administered","issue_type":"legal","dispositive":"no","related_facts":"Errors in administration, exclusion of beneficiary"}

Background