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Bulawayo High Court

The Partners For The Time Being Of Maseko Law Chambers v Richard Moyo Majwabu N.O. (In His Capacity As Executor Of Estate Late Nicholas Magqokana Ndebele) And Estate Late Nicholas Maqgokana Ndebele And The Sheriff Of The High Court And The Master Of The High Court

HB 178/23

Case Details

Court
Bulawayo High Court
Date
7 September 2023
Citation
HB 178/23
Neutral Citation
[2023] ZWHB 178
Outcome
unknown
Case Type
Application

Bench

Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Property LawConveyancingEstate Administration
Keywords
conveyancing mandateestate propertypower of attorneyspecific performance
Tags
conveyancingestate administrationspecific performance
legislation
Statutes Cited
  • High Court Rules, 1971
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicants properly identified themselves as definite parties","issue_type":"procedural","dispositive":"no","related_facts":"Applicants described as \"The Partners For The Time Being of Maseko Law Chambers\""}
  • {"issue_text":"Whether answering affidavit contained new material","issue_type":"procedural","dispositive":"no","related_facts":"New documentary evidence attached to answering affidavit"}
  • {"issue_text":"Whether SI 24/2013 tariff was applicable to claim for conveyancing fees","issue_type":"law","dispositive":"yes","related_facts":"SI 24/2013 was replaced at material time"}
  • {"issue_text":"Whether applicant had mandate to represent deceased estate","issue_type":"mixed","dispositive":"yes","related_facts":"No written mandate produced; mandate dies with deceased"}
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background
Facts of the Case

Background

The applicant law firm claimed a conveyancing mandate from Nicholas Magqokana Ndebele before his death in June 2019. After his death, the firm refused to hand over estate documents to the executor and sought specific performance to complete conveyancing work or alternative payment of 80% conveyancing fees. The court found the mandate terminated upon death and the applicant lacked authority to deal with estate property.
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