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Harare High Court
Susan Rufudza v Oliver Masomera N.O. (in his capacity as the Executor dative in the Estate of the Late Socrates Zimunhu) and Tinashe Magaiza and Abigail Magaiza and The Master of the High Court
HH 810-22
Case Details
Court
Harare High Court
Date
16 November 2022
Citation
HH 810-22
Neutral Citation
[2022] ZWHH 810
Outcome
unknown
Case Type
Application (Condonation)
Bench
Presiding
Maxwell J
Full Bench
Maxwell J
Areas of Law
Administration of EstatesCivil ProcedureReview proceedings
Keywords
CondonationExtension of timeRule 62(4) SI 202/21Master's consentExecutor dative
Tags
Estate administrationExecutor misconductMatrimonial property
legislation
Statutes Cited
- Administration of Estates Act
- Administration of Estates Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Must an applicant seeking condonation for late filing of a review application also seek extension of time under Rule 62(4) SI 202/21?","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed over five years after decision; no request for extension of time made"}
- {"issue_text":"Is the order relied upon super-annuated and in need of revival?","issue_type":"procedural","dispositive":"no","related_facts":"Parties were husband and wife until death; revival conceded unnecessary"}
- {"issue_text":"Has applicant exhausted internal remedies by failing to complain under s 116 Administration of Estates Act?","issue_type":"procedural","dispositive":"no","related_facts":"No formal complaint filed; no request for inquiry into executor's conduct"}
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background
Facts of the Case
Background
The applicant, former wife of the deceased, seeks condonation to file late a review of the Master’s consent granted to the executor dative to sell the matrimonial house. She claims a 40% share awarded on divorce and alleges illegality in the consent process. The matter is opposed on procedural grounds.
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