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Harare High Court
Tawanda Katsande v Augustine Katsande (In his capacity as executor dative for estate late Edwell Benny Katsande) & 6 Ors
HH 590-25
Case Details
Court
Harare High Court
Date
1 October 2025
Citation
HH 590-25
Neutral Citation
[2025] ZWHH 590
Outcome
unknown
Case Type
Application
Bench
Presiding
TSANGA J
Full Bench
TSANGA J
Areas of Law
Succession lawEstate administrationDeclaratory relief
Keywords
declaraturestate lateexecutor dativeDNA testprescriptionbirth certificateout of wedlock
Tags
inheritanceestate administrationpaternity disputeDNA testing
legislation
Statutes Cited
- Prescription Act
- Birth and Registration Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application for declaratur was in fact a disguised review application subject to time limits","issue_type":"procedural","dispositive":"no","related_facts":"Application filed in 2022 regarding 2006 estate, previous review application withdrawn"}
- {"issue_text":"Whether the claim had prescribed given property sale occurred in 2017","issue_type":"procedural","dispositive":"no","related_facts":"Property sold 2017, application filed 2022"}
- {"issue_text":"Whether applicant was biological child of deceased entitled to inherit","issue_type":"mixed","dispositive":"yes","related_facts":"Birth certificate issued after death, DNA test results"}
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background
Facts of the Case
Background
The applicant sought a declaratur that she was the only surviving child of the late Edwell Benny Katsande and sought reversal of the estate winding up and cancellation of a property sale. After preliminary points were raised regarding prescription and the nature of the application, the court ordered DNA testing which ultimately disproved the claimed paternity relationship.
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